Will -- Mutation on the basis of Will - In order to take advantage of Will for getting name of beneficiary mutated in the revenue records, beneficiary must prove that Will was a genuine one and must remove all suspicious circumstances which are attached to it by examining at least one of attesting witnesses as well as by proving the mental status of testator, willingness..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Discretionary power u/s 319 Cr.P.C. to be used sparingly where circumstances of the case so warrant - In the instant case, materials on record could not be said to have satisfied i.e more than a prima facie case as exercised at the time of framing of charge but short of evidence that if left..........
Criminal Procedure Code, 1973, Section 437 -- Bail - S.437 Cr.P.C would come into play when accused is arrested or detained or when summons or warrant is issued against accused for causing him to be brought or to appear before Court - In absence of any order for issuance of summons or warrant u/s 204 Cr.P.C or under any other provision of Cr.P.C, summons could not have..........
Criminal Procedure Code, 1973, Section 437, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Money laundering - No order passed by Special Court for issuance of summons or warrant against appellant - However, summons u/s 61 Cr.P.C came to be issued requiring appellant to appear before Special Court, appellant appeared and applied for his release on bail -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Parallel proceedings under Arbitration Act and criminal action in terms of S.138 of the Act can be maintained - If at all there is any award in proceedings before arbitration, then at the most, it can be a defence to accused and cannot be a ground to hold complaint u/s 138 of the Act not maintainable -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint development agreement stipulating that any dispute has to be referred to arbitrator - Accused acquitted solely on this ground - Acquittal cannot be legally sustained - Impugned order set aside - Matter remanded for disposal of the same in accordance with law by giving opportunity to both the..........
Service -- Termination from service - Two charges of misconduct and insubordination were filed against appellant - First charge found proved against appellant on the basis of perverse finding and charge no.2 is only about sending representation to High Court directly without availing proper channel - Order of termination set aside - Appellant thus, reinstated in service..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101 -- Appeal - Order passed by Child Welfare Committee (CWC) - Appeal shall lie to children Court against all the orders passed by CWC except where order has been passed relating to foster care or sponsorship foster care...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 104 -- Child Welfare Committee (CWC) - CWC has power to review or revise its own order where circumstances prompt for such an action or where any new development takes place, compelling it to take a different view - Such powers have been vested in CWC notwithstanding the powers of appellate Court or..........
