Civil Procedure Code, 1908, Order 20, Rule 18 -- Execution - Partition suit - Decree for all purposes determined the entitlement or right to possession, mesne profits and first option regarding the mode and manner of working out shares in the event of default in the sale of subject matter - Direction to file a fresh application after passing of a Final Decree is completely..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Principles guiding the exercise of power u/s 28 of the Act are : (i) decree for specific performance of a contract is in the nature of a preliminary decree and therefore, till deed is executed pursuant to decree, Court that passed the decree is vested with jurisdiction to either rescind the..........
Doctrine of merger -- Doctrine of merger would only apply in a case when a higher forum entertains an appeal or revision and passes an order on merit and not when appeal or revision is dismissed on the ground of delay in filing the same...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29 -- Contraband - Bail in case involving commercial quantity recovered from co-accused - Applicability of rigour of S.37 of the Act - Petitioner was not found in possession and the case against him rests only on co-accused disclosures and call logs - Test of reasonable grounds to deny bail u/s 37 not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Indian Penal Code, 1860, Section 120B -- Abetment and criminal conspiracy - Scope - S.29 NDPS Act is almost pari materia in its spirit to S.120-B IPC and the contention that non-invocation of S.120-B IPC vitiates the case is misconceived...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 480(1)(i), 481(1)(i), 483, Bharatiya Nyaya Sanhita, 2023, Section 105 -- Bail in non-bailable offence punishable with life imprisonment - Magistrate cannot release an accused on bail when one of the offences alleged is u/s 105 BNS that prescribes imprisonment for life unless reasons are recorded u/s 481(1)(i) BNSS or the..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Sexual assault - Ingredients and proof - Victim's testimony that appellant pulled down her pant and touched/stroked her private part, together with recovery of her pant containing semen, establishes "touching with sexual intent" constituting sexual assault - Conviction u/s 8 of the Act affirmed...........
Protection of Children from Sexual Offences Act, 2012, Section 11, 12 -- Sexual harassment - Distinct from sexual assault - On facts, conduct amounts to sexual assault and not sexual harassment - Conviction u/s 12 of the Act set aside...........
Protection of Children from Sexual Offences Act, 2012, Section 7 -- Interpretation - "Physical contact" is not confined to "skin-to-skin", the controlling element is "sexual intent" - Applied to uphold conviction for sexual assault...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Power u/s 143-A of the Act is discretionary and not automatic and mandatory in every case...........
