Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12(3)(a)(ii) -- Juvenile - Determination of age - Date of birth mentioned in the certificate issued by school is the relevant date for consideration to declare the accused juvenile or otherwise...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of grounds of appeal or writ petition - Cannot be allowed after its disposal as it can lead to abuse of process of law and parties would not let the proceedings come to an end - However, in order to do complete justice between parties, matter needs to be remitted to lower appellate Court to decide it afresh as..........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - It is necessary for administration of justice that decision of a Court in a suit should be binding not only on the litigating parties but on those who derive title pendente lite - Lis pendens does not anull the conveyance or transfer otherwise, but renders it subservient to the rights of the parties to..........
Criminal Procedure Code, 1973, Section 215, 218 -- Error in charge - Clubbing of charge for three distinct offences under one common head was not proper - However, averments in prosecution case, and import of evidence on which they were founded had clearly spelt out the direct involvement of appellant in waylaying the victim, firing at him and snatching of the bag, all in..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - Attesting witness of agreement to sell - Earlier evidence of plaintiff was closed by orders - Though attesting witness had not appeared on relevant date but his affidavit already produced was not discarded by lower Court - Suit is for specific performance and interest of justice requires that plaintiff should be..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Mistake of party - If there is some inadvertent mistake on the part of either of party and the same is necessary to be rectified for proper adjudication and just decision of case and to part justice to the parties, then additional evidence can be permitted to be led...........
Muslim Women (Protection of Rights on Divorce) Act, 1986 -- Right of Muslim women - Issue regarding gender discrimination - In spite of guarantee of Constitution, Muslim women are subjected to discrimination as there is no safeguard against arbitrary divorce and second marriage by her husband during currency of first marriage, resulting in denial of dignity and security to..........
Civil Procedure Code, 1908, Order 37 -- Summary suit - O.37 CPC is craved out as an exception to general rule of following principles of natural justice, as the subject matter of said provision deals with written instruments which on their fact ex facie show existence of liability of defendants and such instruments being dishonoured cheques, a written contract of..........
Land Acquisition Act, 1894, Section 11A, 17(1), 48(1) -- Denotification of acquired land - High Court issued directions to authorities without determining the questions arising from pleadings before it - Appellants claiming themselves to be landowners not arrayed as parties before High Court - Several issues have been raised that need to be suitably and articulately..........
Constitution (Ninety-ninth Amendment) Act, 2014, Article 124A(1)(c), National Judicial Appointments Commission Act, 2014 -- Constitutional validity - Inclusion of Union Minister incharge of law and justice as ex-officio Member of NJAC - Having negative impact on principle of `independence of judiciary' - It is held to be ultra vires the provisions of Constitution -..........
