Demolition of property on ground of involvement in crime -- Transgression by a family member cannot invite action against other members of the family of their legally constructed residence - Alleged involvement in crime is no ground for demolition of property - Moreover, alleged crime has to be proved through due legal process in a Court of law - Court cannot be oblivious..........
Protection of Children from Sexual Offences Act, 2012 -- Offences under the Act - Settlement - Settlement of POCSO offences acting on the affidavit filed by victim or their parents, is not legally permissible...........
Stamp Act, 1899, Section 35 -- Agreement to sell - Suit for specific performance - Insufficiently stamped agreement - As the document is foundational to the suit, failure to comply with statutory requirements renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence...........
Agreement to sell -- Suit for specific performance - Insufficiently stamped agreement - Failure to comply with statutory requirements of Stamp Act renders the entire claim unenforceable - Suit dismissed as it is based on an instrument that is legally inadmissible as evidence - An amount of Rs.10,000/- received is liable to be returned - The said amount remained with the..........
Indian Penal Code, 1860, Section 174A -- Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Order declaring proclaimed offender suffered from vice of non-compliance of provisions of S.82 Cr.P.C. - FIR registered solely in compliance with said order which in itself is legally unsound cannot stand on its own - FIR quashed...........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Magistrate/Courts should not issue certified copies of statement recorded u/s 164 Cr.P.C. to any person till cognizance is taken on the charge-sheet/police report - Even lower Courts are issuing certified copies of statement recorded u/s 164 Cr.P.C. (Now S.183 BNSS) which is legally..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Loan transaction - Even if a cheque is given as security cheque, same can also be encashed when there is failure on the part of accused to repay the loan amount - Only because an alternative remedy is available same cannot be a ground for depriving a person of his dues - If the loan is..........
Registration Act, 1908, Section 71, 72 -- Refusal to register document - Sub-Registrar/Registrar cannot orally refuse to receive document - He is either to register the document, if it is found legally fit or pass an order of refusal by indicating reasons for such refusal to register. `..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Wife is legally wedded wife of husband - Wife is residing separately at her parental home as she alleges that she was harassed, abused and expelled from her marital home due to dowry demands and insufficient dowry brought to marriage by husband and his family - It is thus, both a legal and moral obligation..........
Custody of child -- Mutual agreement - Both the parents have fully agreed that they shall continue to share the custody of child between themselves in view of consensual and mutual agreement - They are highly educated and well placed - Though agreement in question has been arrived at by consensus of both the parents, Lawyers and family members present before Court, but it..........
