Hindu Succession Act, 1956, Section 6 -- (As amended) - Daughter - Devolution of interest in coparcenary property - Effect of amendment is that a daughter is made coparcener, with effect from the date of amendment and she can claim partition also, which is a necessary concomitant of the coparcenary - S.6(1) recognises a joint Hindu family governed by Mitakshara law -..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Lease of mining work - Permission to resume mining operations - Applicant paid the entire amount as demanded and receipt of same is acknowledged by State - He thus, permitted to resume mining operations subject to all necessary clearances required in accordance with law being obtained...........
Civil Procedure Code, 1908, Order 23, Rule 1, 4, Legal Services Authorities Act, 1987, Section 20 -- Lok Adalat - Withdrawal of suit - Lok Adalat has no authority to exercise power U.O.23.R.1 CPC - Order passed by Lok Adalat in allowing withdrawal of suit is nullity and is no order in the eyes of law - By allowing withdrawal of suit by Lok Adalat, it cannot be said that..........
Indian Penal Code, 1860, Section 302, 392, 201 -- Murder - Circumstantial evidence - Recovery of clothes of deceased - Clothes of deceased were recovered from her dead body at the time of post mortem examination - Said clothes were identified by children of deceased as well as sister-, law of deceased - Moreover, said clothes were visible in CCTV footages - Although..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Plea that suit is barred by limitation - If Court finds that suit is barred by law of limitation on the averments made in the plaint, then plaint shall be rejected...........
Constitution of India, 1950, Article 226 -- Jurisdiction of Writ Court - High Court has jurisdiction to try issues both of fact and law in a petition u/art 226 of Constitution...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Petitioner is father-in-law of deceased and he is 67 years old - Allegations against petitioner are vague - Entire family is in jail - Petitioner is in custody since 2019 - Bail granted to petitioner...........
Civil Procedure Code, 1908, Section 100(5) -- Second appeal - Substantial question of law - None of three substantial questions of law, formulated at the time of admission of appeal arise for consideration - No other substantial question of law has been mooted to be involved in the appeal - Second appeal dismissed...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - There is no material difference in legal position regarding probative value of a final report submitted u/s 173(2) or S.173(8) Cr.P.C between criminal law and civil law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant a practicing Advocate - Practicing Advocate advanced loan to his client - Practicing Advocate is barred from having any business transactions or loan transactions with his client - Act of complainant amount to professional misconduct - Entire proceedings nothing but clear abuse of process of..........
