Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Issuance of notice to an authorized representative of bank was not enough to satisfy mandate of S.7(5)(b) Proviso IBC - IBC being substantive legislation relating to application filed by bank u/s 7 IBC thereof, notice to cure defects therein necessarily had to be given under said provision..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - High Court granted bail without analysis of twin requirements of S.37 of the Act - Omission to consider these factors bears directly upon statutory satisfaction required by S.37(1)(b) of the Act - Impugned order of granting bail set aside and matter remitted to..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - When an insurer accepts the risk, it can repudiate the claim on limited grounds such as : (a) by pleading and proving that there was a failure on part of insured in making disclosure of a material fact which renders the contract voidable at the instance of insurer and; (b) by demonstrating that..........
Hindu Marriage Act, 1955, Section 13, Family Courts Act, 1984, Section 14, Evidence Act, 1872, Section 65B -- Decree of divorce on ground of adultery on the basis of photographs which were secondary evidence and no certificate u/s 65-B of Evidence Act was filed - Photographs were in the mobile phone of wife which were transferred in mobile phone of husband and later on..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Maintainability - Wife by express conduct, by participating in marriage solemnization in accordance with Hindu rights and customs and also approaching Family Court invoking the provisions of Hindu Marriage Act has sufficiently shown that she has converted herself to Hindu faith - Petitioners have decided..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Whatsapp message downloaded to the computer and thereafter it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of message produced - Certificate issued by Browsing Centre - Browsing Centre cannot be considered to be Competent Authority to..........
Evidence Act, 1872, Section 65B(2) -- Cancellation of sale agreement by Whatsapp message - Print out of Whatsapp message - Certificate which is produced reveals that Whatsapp message found in mobile device has been downloaded to computer and thereafter, it was written on a CD - Neither mobile phone nor CD produced before Court - Paper print out of alleged Whatsapp message..........
Indian Penal Code, 1860, Section 302, 149, 307 -- Offence u/ss 302, 149, 307 IPC - Conviction - Accused stood armed with sharp edged deadly weapons committed the murder of `B' and `D', while in order to achieve their common intention, they had also inflicted such injuries on the physical person of `BA' knowing fully well that had `BA' died on account of the said injuries..........
Civil Procedure Code, 1908, Section 24, Guardians and Wards Act, 1890, Section 9 -- Transfer of petition for custody of child - Jurisdiction of Court - Both the parties are residing at place `M' - No purpose would be served for both the parties to travel to place at `B' to prosecute custody petition - Custody petition and divorce petition transferred to District and..........
Limitation Act, 1963, Section 14(2) -- Exclusion of time u/s 14(2) of the Act - Applicability to execution petition - S.14(2) of the Act is applicable to execution proceedings, as though provision employs the expression "application", but S.2(b) of Limitation Act defines "application" to include a petition, hence, an execution petition would fall within its ambit...........
