Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory Bail in an offence under SCST Act - No Absolute Bar - S.18 of the Act does not impose an absolute bar on the grant of anticipatory bail in cases registered under the Act - Held that (a) Term `arrest' appearing in the text of S.18 of the Act should be construed and..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- SCST - Anticipatory Bail - Duty of Court to determine existence of prima facie case - Analysed. Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989, S.18 - Anticipatory Bail in an offence under SCST Act - Prima Facie Case - Bar u/s 18 of the Act would apply..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory Bail in an offence under SCST Act - Prima Facie Case - Bar u/s 18 of the Act would apply only when a prima facie case is made out in a given FIR/complaint - If prima facie is not made out anticipatory bail to be granted - Held; (a) Prima facie is a Latin term that..........
Civil Procedure Code, 1908, Section 151 -- Application seeking directions to wife to shift to an alternate accommodation being offered by husband - Divorce proceedings - Wife is residing in tenanted premises which need to be vacated on account of its dilapidated condition as also eviction notices being received by husband from lessors - When husband requires urgent orders..........
Agreement to sell -- Specific performance - Bonafide purchasers - Land in question abuts the land of subsequent purchasers - Parties to the lis belong to the same village, same family and having adjoining lands - Knowledge of an agreement to sell executed in favour of one party is known to the inhabitants of same village - Subsequent purchasers cannot be held to be bona..........
Registration Act, 1908, Section 17 -- Registration - Consent decrees - Decrees creating rights for the first time in favour of defendant in immovable property valued at more than Rs.100 - Since decrees were nor registered, same could not be held to have transferred any right in favour of defendant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Averments made in plaint must be read in its entirely and not in isolation and must be held to be correct...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of landlord - Substitution of sisters of landlord - One of sisters of deceased plaintiff had earlier moved an application U.O.1.R.10 CPC for impleadment which was rejected - Once application for impleadment by one of sisters having been rejected, it cannot be held that other sister would fall in the category of LRs of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Contributory negligence - Appellant not only lost a member of their family but also suffered extensive injuries himself - He was merely overtaking a vehicle which is an act of everyday occurrence on the road - Merely because a person was attempting to overtake a vehicle, cannot be said to be an act of rashness or..........
Service -- Appointment - Post of High School Assistant (Physical Science) - Qualifying criteria prescribed for the post was a degree in B.Sc. (Chemistry) - Admittedly, appellant did not hold such a degree - Argument of appellant that B.Sc. (Polymer Chemistry) acquired by her is required to be treated as equivalent to a degree in B.Sc. (Chemistry) is misconceived -..........
