Criminal Procedure Code, 1973, Section 438, 154, Indian Penal Code, 1860, Section 120B, 420, Prevention of Corruption Act, 1988, Section 8, 13(1)(d), 13(2), Prevention of Money Laundering Act, 2002, Section 3, 4, Constitution of India, 1950, Article 20(1) -- Anticipatory bail - Occurrence was of year 2007-2008 and FIR registered in year 2017 - Ss.120B, 420 IPC were include..........
Prevention of Money Laundering Act, 2002, Section 4 -- Cognizable and no, bailable offence - Offence of money-laundering is punishable with rigorous imprisonment for term not less than three years extending to seven years and with fine - Second Schedule of Cr.P.C. relates to classification of offences against other laws and in terms of Second Schedule of Code, an offence..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(3), 11(8), 11(10) -- Eviction petition - Comparative hardship - Buildings in possession is situated outside locality or town in which petition schedule shop rooms are located - Wider range and scope of S.11(8) of the Act than that of S.11(3) of the Act in deciding plea of parties with respect to comparative..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Appellant appointed former Chairman cum Managing Director of Company itself as an arbitrator, who commenced arbitration proceedings - However, having regard to Fifth Schedule of 2016 Act, Chairman of company cannot be continued as arbitrator to adjudicate lis between parties - Appointment of..........
Hindu Succession Act, 1956, Section 15 -- Property of Hindu female dying intestate - Husband of female being person shown in first place u/s 15(1) of the Act is only legal heir in absence of any children - Class-1 Legal heirs shown in Schedule is applicable only to male dying intestate, same cannot be taken into consideration for considering claim of mother as legal heir..........
Transfer of Property Act, 1882, Section 48 -- Priority of rights created by transfer - Two sales deed in single plot - There is no whisper regarding membership or allotment date of scheduled property - Documentary evidence reveals about boundaries of schedule property, his application and issuance of sale certificate and also same being registered - Even, documentary..........
Arbitration and Conciliation Act, 1996, Section 14 -- Arbitrator - Cannot be removed merely because order passed by such arbitrator states that fee of arbitrator would be payable as per Schedule of the Act and not as per fee fixed in agreement...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition - Third party, whose property is included in the schedule of property, can be allowed to be impleaded as a party to the suit instead of driving him to file a separate suit - Plaintiff should be made to discharge the burden of proof of first establishing that the disputed property..........
Constitution of India,1950 -- Entry 91, List I of Seventh Schedule, Rajasthan Stamps Act, 1998, Ss.3, 90, Companies Act, 1956, S. 394 - Applicability of S.90 of Rajasthan Stamp Act - S.90 of Rajasthan stamp Act is applicable in respect of documents specified in Entry 91 of List I of 7th Schedule of Constitution which provides for rates of stamp duty with respect to..........
Foreigners Act, 1946, Section 3 - - Cl.3 (as amended by Foreigners (Tribunal) Amendment Order, 2012), Citizenship Act, 1955, Ss.18(1), 18(3), 6-A, - Claim for Citizenship - Appeal - Maintainability - Issue and question of nationality has already been determined under 1964 order - Appeal not maintainable under Para 8 of Schedule to 2003 Rules...........
