Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Non-party to proceedings if he perceives to be in position of a person aggrieved and satisfies Court as such, can seek review of an order passed therein...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Inherent powers of Court are to be exercised sparingly - However, where very initiation of proceedings is vitiated by non-compliance of a mandatory statutory safeguard, High Court would be justified in stepping in to prevent abuse of process of Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
Civil Procedure Code, 1908, Order 11, Rule 21(1) -- Dismissal of suit U.O.11.R.21(1) CPC - Until and unless wilful default and obstinacy or contumacy is shown, powers U.O.11.R.21(1) CPC cannot be exercised by Court...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Once challan along with FSL report had already been presented before competent Court well before filing of application seeking default bail, indefeasible right to default bail if any stood extinguished...........
Transfer of Property Act, 1882, Section 105 -- Lease - Document's nomenclature, text and context lead to only one conclusion that it was a lease for 99 years - Unilateral cancellation is illegal and it should be understood as having interfered with rights of plaintiff to remain in possession of suit property for 99 years - Suit for declaration of leasehold rights, recovery..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Where a finding is returned by Court and same is assailed before appellate Court and appellate Court if it is a Court of fact may reverse it by appreciating evidence, but would have to record reasons in support of its conclusion...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When High Court exercises its jurisdiction u/s 100 CPC, particularly where there are concurrent findings of fact by two Courts below, interference with it is permissible on limited grounds such as where finding in question is perverse or is based on consideration of inadmissible evidence or by misreading or grossly..........
Customs Act, 1962, Section 35(1)(b)(i) -- Offence u/s 35(1)(b)(i) of the Act - Reduction of sentence - Recovery relates to the year 1985 and that offending consignment of watches was recovered lying in an abandoned condition - Conviction of appellants seems to be primarily based on confessional statements recorded u/s 108 of the Act - Conscious possession of smuggled goods..........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Flat buyer agreement - Delay in delivery of possession - Interest - Having regard to totality of circumstances, i.e. prolonged delay, failure to obtain mandatory statutory approvals, repeated non-compliance with directions of Supreme Court and long deprivation suffered by respondents despite payment of..........
