Hindu Marriage Act, 1955, Section 16 -- Applicability of S.16 of the Act - If a man and woman proved to have been having cohabitation over a long period of time, that cohabitation would produce a presumption favouring their marriage status and in such cases S.16 of the Act cannot be applied, unless there is contra evidence in support of voidability or nullity of marriage..........
Representation of the Peoples Act, 1951, Section 33A, 125A, Conduct of Election Rules, 1961, Rule 4A -- Election - Form 26A - Offences punishable with imprisonment for two years or more - Mandates disclosure of information by contesting candidate of not only cases in which charges have been framed but also cases in which cognizance has been taken by the Court - Any false..........
Customs Act, 1962, Section 27, 17, Central Excise Act, 1944, Section 11(b), Customs Tariff Act, 1975, Section 3(1) -- Claims of refund of duty - No challenge to order of assessment - Refund application - Held, that claim for refund cannot be entertained unless order of assessment or self-assessment is modified in accordance with law by taking recourse to appropriate..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Case Dairy - Neither accused nor his agents shall be entitled to call for case diary nor shall he or they be entitled to see them merely because they are referred to by court - But if they are used by police officer who made them to refresh his memory or if court uses them for purpose of..........
Criminal Procedure Code, 1973, Section 211, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Defect in framing of charge - Recovery of 200 gms opium - Accused was fully aware that he is being charged for keeping 200 gms of opium without there being any license to keep the same - More so, record shows that at the time of framing of charge, accused was..........
Income Tax Act, 1961, Section 143(2), 292BB -- Notice u/s 143(2) of the Act - If assesses participated in proceedings, notice would be deemed to be valid, even if there be infractions assailed in S.292-BB of the Act - For S.292-BB of the Act to apply notice must have emanated from department - It is only infirmities in the manner of service of notice that section seeks to..........
Insolvency and Bankruptcy Code, 2016, Section 5(8)(f) -- Financial debt - Explanation was added by Insolvency and Bankruptcy Code (Second Amendment) Act, 2018, only to clarify doubts that had arisen as to whether home buyers/allottees were subsumed within S.5(8)(f) - Amendment Act does not in fact enlarge scope of original Section as home buyers/allottees would be subsumed..........
Insolvency and Bankruptcy Code, 2016, Section 5(8)(f) -- Amendment Act does not in fact enlarge scope of original Section as home buyers/allottees would be subsumed within Section 5(8)(f) as it originally stood - Held, that allottees/home buyers were included in main provision, i.e. S.5(8)(f) with effect from inception of Code, explanation being added in 2018 merely to..........
Indian Penal Code, 1860, Section 465, 468, 471, 482, 34 -- Forgery - Accused by portraying himself as spiritual head by a section of community and by making a statement which was apparently incorrect, cannot be held responsible for having committed offence of forgery - If there was an injunction restraining accused from acting said spiritual head, party aggrieved can..........
Indian Penal Code, 1860, Section 499 -- Defamation - Quashing of complaint - Allegation that accused a practicing lawyer made some statement against particular group of lawyers who were agitating and protecting against media - However, accused in his speech referring lawyers as general class and not representing a collection or general class of lawyers - Moreover, when..........
