Hiba -- Oral - Suit for declaration of ownership and possession - Written hibanama was preceded by oral hiba - PWs had not proved possession of plaintiff over suit premises - Even, oral hiba was not proved by any witness, as they never recognize the donor - At the time of execution of hibanama donor was still continuing in possession over suit premises - No statement in..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Time stipulation of 14 days in S.7(4) of the Act to ascertain existence of a default is apparently directory nor mandatory...........
Insecticides Act, 1968, Section 33 -- Misbranded insecticides - Offence by company - Company passed a resolution fixing responsibility of one of Managers and same was furnished to Managing Director - When furnishing of such undertaking fixing responsibility of quality control of products is not in dispute, there is no reason or justification for prosecuting Managing..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(C), 25, 29 -- Default bail - Recovery of 589.500 kgs Ganja - Accused is in custody till date - He has not been given any opportunity of hearing to lead his legitimate objection nor he informed of his right on default bail before granting extension..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 21B -- Recovery of 20 gms heroin - Non-commercial quantity - Investigation of case is complete and challan presented - No recovery is to be made from accused - Conclusion of trial is likely to take time - Accused though involved in three other cases but he is on bail in all other FIRs - Bail granted to..........
Service -- Compassionate appointment - Appointment of deceased employee was against a regular vacancy, though it continued to be termed as part time appointment and regular pay scale was allowed to deceased employee - During his 13 long years of employment and before that having battled for period of 6 years to get his dues, he was transferred from one department to other..........
Evidence Act, 1872, Section 108 -- Heirship certificate - Father of petitioner not known for the last more than 30 years - FIR not lodged - Family expected that he would come back after some time, having regard to the previous conduct of father - Family cannot be blamed for having not lodged FIR - If family cannot be found fault with having not lodged FIR, denial of..........
Agreement to sell -- Suit for specific performance - Oral evidence - Written contract is on record where defendant admitted the receipt of Rs.19,00,000 - Oral statement of attesting witness of agreement to sell to the effect that at the time of execution of agreement to sell only Rs.9,00,000 was paid as earnest money and not Rs.19,00,000 cannot be accepted, particularly..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Mere harassment without any positive action on part of accused proximate to time of occurrence which led to suicide would not amount to an offence u/s 306 IPC...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 7A, 18 -- Juvenile - Accused was juvenile at the time of commission of crime - He was tried along with other accused who are not juveniles - Sessions Court could not have tried him for offence as it lacked jurisdiction for the same - Conviction and sentence imposed by Sessions Court upon accused is thus,..........
