Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Foreigners Act, 1946, Section 3 -- Bail to foreigner - Impleadment of Foreign Registration Officer - Authorities under Foreigners Act and the Order have no locus to oppose bail application filed by a foreigner unless bail is sought where allegation is of the offence punishable u/s 14 of Foreigners Act - Impleadment of..........
Stamp Act, 1899, Section 47A -- Market value of property - Enquiry by Registering Authority is a pre-condition for making reference to Collector for determination of market value of property - Determination of market value without notice of hearing to parties is liable to be set aside...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Corporate Insolvency Resolution process (CIRP) - Writ jurisdiction - CIRP proceedings commenced on 26.10.2018 and resolution plan was approved in 2020 - However, jurisdiction of High Court interdicting CIRP was invoked only in 4.1.2023 - Time gap between these two events is almost three years - Initiation and continuation..........
Property -- Inherited property - A property obtained through inheritance, whether by way of a Will or upon the demise of property owner, is classified as inherited property - Inheritor holds exclusive ownership over the said property, and is entitled to freely transfer, sell, or dispose of it at their discretion - There are no claims based on birth right, with ownership..........
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981, Section (2) -- Detention order - Detaining authority relied on six cases registered against appellant which pertains to illicit manufacture of handmade liquor -..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3), Evidence Act, 1872, Section 65A, 65B -- Production of documents - Telephonic recording - Recovery suit - Plaintiff wanted to submit the telephonic talk between his brother and defendant in which defendant admitted that he had taken Rs.5 lacs from plaintiff - However, brother of plaintiff is not a party to suit..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 8, Capital of Punjab (Development and Regulation) Act, 1952, Section 2(k), 22, Chandigarh Lease-hold of Sites and Building Rules,1973, Rule 12(3) -- Cancellation of lease - Original allotment made in favour of allottees was cancelled by Assistant Estate Office after affording sufficient opportunity of..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of order taking cognizance - Wife received e-mail containing husband's pronouncement of Talak - However, legality of talak is to be examined by competent authority or the Court - Merely due to this fact husband cannot be exonerated from the alleged offence..........
Mutation -- Rejection of application - Pendency of a suit cannot be a ground to restrain the government officials from discharging their duties, more particularly when temporary injunction application filed in the suit has been rejected - Not only this, appeal preferred against rejection of temporary injunction application has also been rejected by Appellate Authority -..........
Arms Act, 1959, Section 17 -- Arms License - Cancellation - License of petitioner cancelled on the ground that he used the weapon at public place in contravention of R.32 of Arms Rules - However, neither place where firing took place has been defined nor date or time has been defined by licensing authority or appellate authority - There is no admission on the part of..........
