Ancestral property -- Tribal woman or her legal heirs - Neither any particular law of a community nor custom brought into application by either side - Unless otherwise prescribed in law, denying female heir a right in the property only exacerbates gender division and discrimination, which law should ensure to weed out - In the absence of custom of female succession or a..........
Kerosene dealership -- Dealership agreement between partnership firm and IOCL - Agreement itself recognises that in the event of death of one of partners, IOCL may continue dealership with said firm - Therefore, on death of one of partners of firm, business of firm would not come to an end in view of Clause 18 of deed of partnership r/w Clause 13 of dealership agreement -..........
Service -- Regularization - Additional Public Prosecutor - Claim for regularization of a person working on post of Additional Public Prosecutor on contractual basis cannot be entertained as such relief would be contrary to law, as appointment of Additional Public Prosecutors is a structured procedure as provided under Cr.P.C. and the relevant Rules prevalent in particular..........
Constitution of India, 1950, Article 227 -- Scope - Three situations when a finding on facts and questions of law can be termed as perverse, i.e. (i) if it is erroneous on account of non-consideration of material evidence; (ii) if conclusions are contrary to evidence or; (iii) if conclusions are based on inferences that are impermissible in law...........
Commercial Courts Act, 2015, Section 12A -- Pre-institution mediation - Order granting dispensation of mandatory requirements of pre-institution mediation - No reasoning was assigned by Commercial Court while dispensing with mandatory requirements of application u/s 12-A of the Act - Rather contents of application u/s 12-A of the Act are contrary to reasoning assigned..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property was transferred in favour of two daughters - After marriage of one daughter/petitioner, land in question remained in possession of other sister and her husband, with whom senior citizen is residing - Petitioner, who moved to her matrimonial house after..........
Indian Penal Code, 1860, Section 498A, 325, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Dowry demand - No specific allegation of any physical violence except for vague statements made by wife about she having been beaten up, in which she sustained a fracture and having been subjected to physical and mental torture..........
Probation of Offenders Act, 1958, Section 4 -- Scope - Unless applicability of S.4 of the Act is excluded, in a case where circumstances stated in S.4(1) of the Act are attracted, Court has no discretion to omit from its consideration release of offender on probation - On the contrary, a mandatory duty is cast upon Court to consider whether case before it warrants..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff failed to produce any documentary evidence such as receipts or bank records to substantiate the alleged payment of Rs.14,00,000 - During her evidence, she vaguely stated that amount was adjusted from her dowry, but no further proof was submitted in support of her claim - Plaintiff also admitted that..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Provision contained in S.177 Cr.P.C. do not apply to cases under Negotiable Instruments Act while determining territorial jurisdiction of a Court, as S.142 of the Act begins with a non obstinate clause which uses the expression `only' meaning thereby only those Courts which..........
