Hindu Succession Act, 1956, Section 8 -- Right of Reversioners - Suit for declaration by one of the revisioner that sale of ancestral immovable property not binding on revisionary rights - Suit decreed by Lower Appellate Court & High Court - Compromise entered between revisioner and alienee before Supreme Court - Subsequent suit by other heirs /revisioners claiming right..........
Specific Relief Act, 1963, Section 16 -- Readiness and willingness - Agreement to sell - Categoric averment in plaint and evidence regarding readiness and willingness - No issue framed regarding non-fulfillment of requirements of section 16 (c) - Suit decreed by Trial Court - Judgment affirmed by First Appellate Court - High Court in appeal held that pleading in plaint not..........
Interpretation of Statutes -- Principles and Rule of harmonious construction - (i) Duty of Court to avoid head-on clash between two sections of Act and to construe the provisions which appeared to be in conflict with each other in such a manner as to harmonise them - (ii) The provisions of one section of a Statute cannot be used to defeat the other provisions unless the..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Vesting of surplus land in State - Suit for Declaration and Permanent Injunction filed by plaintiff-respondent in the year 2002 claiming that orders dated 26-12-1977 and 06-07-1981, whereby land in the hands of predecessors in interest was declared surplus are..........
Haryana Municipal Act, 1973, Section 21, 27, Haryana Municipal Election Rules, 1978, Rule 72A -- No confidence motion against President - Quorum for holding meeting of 'No Confidence Motion' - Section 27 requires quorum of 50% for the transaction of business of the committee at a special meeting - No provision under the Act or Rules which provides quorum for holding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 42, 50, 52 -- Recovery of Contraband - 390 Kgs. of poppy husk recovered from a Maruti car - Recovery effected on secret information - Secret information duly forwarded to immediate superior Officer - Section 52 of NDPS Act duly complied with - Malkhana Register produced - No contradiction in registration..........
Indian Penal Code, 1860, Section 299(b), 300(3) -- Difference between clause (b) of Section 299 and clause (3) of Section 300 is one of degree of probability of death resulting from the intended bodily injury - To put it more broadly, it is the degree of probability of death which determines whether a culpable homicide is of the gravest, medium or the lowest degree...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Accused escaped from custody of Court - Cognizance taken by Magistrate for offence under Section 224 IPC - During course of trial some witnesses turned hostile - Disciplinary action can be taken against them - District Judge cannot direct police to further investigate matter and file additional charge..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Demand of Rs.50,000/- by accused-appellant No.1 from his father-in-law to secure job - He had also grabbed his child from her mother (deceased) and filed a divorce petition - This all happened 4-5 months before occurrence - 4-5 days before occurrence appellant No.1 again..........
Consumer Protection Act, 1986, Section 25, 27 -- Procedure - District Forum straightaway issued notice u/s 27 without complying with the requirement of Section 25 - Held to be a patent illegality - Impugned order set aside...........
