Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Non-disclosure of reasons - High Court has not disclosed any reason whatsoever as to basis on which bail has been granted - Impugned order set aside on this short ground itself - Matter remitted...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Merely imposing condition of directing accused to carry out plantation of saplings on the premise that it would serve social cause and on said basis, bail came to be granted by suspending the sentence without considering merits, could not stand test of law - Impugned order of granting..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Standard of proof to rebut presumption u/ss 118, 139 of the Act is preponderance of probabilities and that accused is not required to prove his case beyond reasonable doubt - Standard of proof in order to rebut statutory presumption, can be inferred from materials on record and..........
Income Tax Act, 1961, Section 37, 32(2) -- Deduction of business expenditure - Appellant/a non-resident company awarded 10 years drilling contract by ONGC in India in 1983 - Thereafter, appellant failed to procure another contract till 1998 - But, during interregnum appellant had continuous business correspondences with ONGC and had even unsuccessfully submitted a bid in..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Once a document is exhibited aggrieved party has to file an application seeking de-exhibit of such document - However, instead of doing so plaintiff raised objection with regard to admissibility of document and trial Court considered the same holding that it is inadmissible - Approach of trial Court..........
Limitation Act, 1963, Section 14 -- Exclusion of time u/s 14 of the Act - S.14 of the Act does not extend to a case where Court which possesses jurisdiction erroneously declines to entertain proceeding on a mistaken perception or wrong application of legal principles - In such a situation, remedy available to aggrieved party lies elsewhere by way of a challenge before..........
Limitation Act, 1963, Section 14 -- Exclusion of period of pendency of first execution petition - Both the execution petitions were filed in very same Court - DH concedes that Court in which execution petitions were filed had jurisdiction to entertain petition, but that under an erroneous order it returned earlier one - Therefore, one of essential requirements of..........
Practice and Procedure -- Erroneous order - When a Court which in fact has jurisdiction refuses to entertain proceeding holding that it lacks jurisdiction, it is only an erroneous order...........
Constitution of India, 1950, Article 32, 226 -- Direction for CBI inquiry - Order directing an investigation to be carried out by CBI should be treated as a measure of last resort, justified only when Constitutional Court is convinced that integrity of process has been compromised or has reasons to believe that it may get compromised to a degree that shakes conscience of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Revocation - Senior citizen/respondent who is a childless widow executed registered Gift Deed in favour of petitioner who is daughter of her husband's younger brother - She executed Gift Deed out of love and affection and she was not expecting any benefit from petitioner - An express..........
