Real Estate (Regulation and Development) Act, 2016 -- Scope - (i) Regulation 9 of the Regulations of 2017 is not ultra vires the Act or is otherwise not invalid; (ii) The delegation of powers in the single member of RERA to decide complaints filed under the Act even otherwise flows from Section 81 of the Act and such delegation can be made in absence of Regulation 9 also;..........
Land Acquisition Act, 1894, Section 28A, Legal Services Authorities Act, 1987, Section 20 -- Award by Lok Adalat - Re-determination of compensation u/s 28A of the Act, 1894 - Jurisdiction of Court - Held, the award passed by Lok Adalat becomes a decree - The enhancement of the compensation is determined purely on the basis of compromise which is arrived at and not as a..........
Indian Penal Code, 1860, Section 166, 167, 218, 463, 464, 465, 466, 471, Criminal Procedure Code, 1973, Section 156(3), 197 -- Jurisdiction - Compliance of Investigation and Sanction - Petitioner invoking jurisdiction u/s 156(3) Cr.P.C and necessity of S.197 Cr.P.C - Held, the want of sanction is not restricted to any act done by the public servant only in the discharge of..........
Service -- Promotion - Seniority list - Challenge as to - Non-joining of all parties - It is not essential to implead each and every one who could be affected but if a section of such affected employees is impleaded then interest of all is represented and protected - Non joining of all parties not fatal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance u/s 125 Cr.P.C can be claimed by a person irrespective of belonging to any religious community - Object to said section is to provide immediate relief to an applicant...........
Protection of Children from Sexual Offences Act, 2012, Section 7 -- Interpretation of word `touch' - S.7 of the Act pertains to `sexual assault' it appears that it is in two parts:- first part of section mentions about the act of touching the specific sexual parts of the body with sexual intent and second part mentions about `any other act' done with sexual intent which..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Registration Act, 1908, Section 32A, Proviso -- Compulsory affixing of photograph etc. - Registration of trust deed or cancellation of trust deed - Where transfer of ownership of immovable property is not involved, it is the main Section i.e S.32-A of the Act and not S.32-A Proviso of the Act that applies...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Knowledge of accused regarding caste of prosecutrix and his acquaintance with her family, since village communities are tightly knit, by itself cannot be said to be basis of commission of offence, having regard to the language of Section 3(2)(v)..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3) -- Eviction petition - Tenanted premises had become unsafe and unfit for human habitation - Right of re-entry - Tenant ordered to be evicted under provisions of S.14(3) of the Act has a right of re-entry on new terms of tenancy and not merely because this proviso contains an expression in re-built building - Same..........
