Dowry Prohibition Act, 1961, Section 3, 4(2), Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Dowry demand - Matter was investigated and charge sheet was filed - Court below took cognizance after applying its legal mind - While taking cognizance of offence, Magistrate or Court concerned is not obliged to give detailed reasons for its satisfaction -..........
Registration Act, 1908, Section 71, 23, 25 -- Refusal to register a decree - On the ground of limitation - Limitation prescribed u/ss 23, 25 of the Act will not apply to a Court decree, since it is not compulsory registrable - Respondent directed to register certified copy of decree in question...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere factum of filing of application u/s 9 of Hindu Marriage Act by husband and allowing same, cannot be ground to deny maintenance to wife, particularly when subsequent to that husband filed divorce petition, which is pending - Application u/s 24 of the Act is maintainable during pendency of divorce..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Even though there is some technical cliches regarding presentation of complaint in the sense that complaint has not been initiated by a Director of company acting on behalf of company but by an employee of company,..........
Education -- Denial of affiliation - University denied grant of affiliation on the sole ground that time line as prescribed by AICTE had lapsed - However, State Government granted conditional affiliation after considering recommendations made by Affiliation Committee in similar Writ petition - Petitioners are also entitled to same relief - University directed to grant..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Restraining registering authority to register a document - Registering authority can be injuncted from restraining a deed of conveyance or any other document affecting right/interest in a property only if an injunction order by a civil Court or an order of High Court is in operation imposing restraint on..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Party to a consent decree based on a compromise to challenge compromise decree on the ground that decree was not lawful, i.e it was void or voidable has to approach the same Court, which recorded compromise and a separate suit challenging the consent decree is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Whether a plaint can be rejected on the ground of limitation or not would depend upon facts of that particular case...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Merely the gravity of allegations/offences cannot be a ground to deny bail to a child in conflict with law...........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 33, 34, 47 -- Persons with Disabilities (PwD) - Reservation in promotion - Mode of entry in service cannot be a ground to make out a case of discriminatory promotion - But what is material is that employee is a PwD at the time for consideration of promotion...........
