Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Execution - Eviction - Plea of ownership - Not maintainable as executing court cannot decide title in regard to the parties in the proceedings for eviction of a tenant...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97 -- Execution - Eviction - Plea of ownership - Suit already pending with regard to legal status wherein decree holder also impleaded as a party - Said suit shall take its own course - Moreover, it is surprising that in execution proceedings relating to eviction decree, how could the petitioner be declared to be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to seek alternative plea of adverse possession - Suit for possession and permanent injunction - Destructive plea of adverse possession by way of amendment can be taken - No doubt, objection can be taken by plaintiff at first instance, but still cannot be said to be too late in a day when..........
Constitution of India, 1950, Article 14, 19(1)(g), Private Security Agencies (Regulation) Act, 2005, Section 13(4) - - Private security agency - Cancellation of licence - Recording of reasons - S.13(4) of the Act provides that order of cancellation has to be preceded by reasonable opportunity of hearing - Hence, principles of natural justice and fair plea is statutorily..........
Constitution of India, 1950, Article 226, Private Security Agencies (Regulation) Act, 2005, Section 13, Private Security Agencies Central Model Rules, 2006, Rule 4(7) - - Private security agency - Obtaining of certificate of verification of character and antecedent - Judicial review - Plea that period of 90 days is reduced to 30 days in case of issuance of character and..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Murder - Grave and sudden provocation - Plea that case falls u/s 304(Part I) IPC - Slapping of accused by deceased - Not sudden and grave for accused to pump about five or more bullets into the body of deceased - Plea that case falls u/s 304(Part I) IPC not tenable - Accused rightly convicted u/s 302 IPC...........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Murder case - Medical evidence on record shows that accused was about 15 years of age at the time of incident - However, there is no other evidence regarding proof of age of accused - A blind and mechanical view regarding age of a person cannot be adopted solely on the basis of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Limitation - Complaint u/s 138 of the Act filed by power of attorney holder - Issue relating to date of receipt of notice is question of fact, which cannot be adjudicated in quashing petition - Plea of quashing complaint on ground of limitation is rejected...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking..........
