Criminal Procedure Code, 1973, Section 202 -- Provision of S.202 Cr.P.C. is mandatory even in a Government complaint case - Non compliance of mandatory provision of S.202 Cr.P.C. as petitioners are stationed at Delhi - Order taking cognizance set aside...........
Custody of child -- Claimed by mother - Writ of habeas corpus - Custody of children with their father and grandparents cannot be held to be unlawful or illegal, as children have crossed the age limit of 5 years - Moreover, children expressed their desire to live with their father and grandparents - It cannot be held that custody of children with their father and..........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Relief of ejectment/possession - (i) landlord tenant relationship is admitted, (ii) rent amount is admitted, (iii) it is admitted that this is not a case which is protected under Delhi Rent Control Act, 1958, (iv) termination of the lease is admitted - It is also an admitted position that even by..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation from one State to another - Part of cause of action has arisen in Delhi - Court at Delhi thus, have jurisdiction to take cognizance of offence - Moreover, no such objection was taken when MM directed registration of FIR - Order of transferring investigation from Delhi to Noida is bad in law and thus,..........
Constitution of India, 1950, Article 32 -- Transfer of FIRs - All FIRs except two FIRs are transferred to IFSO unit of Delhi Police - In FIRs transferred to Delhi Police, petitioner was co-accused - There cannot be two investigating agency with respect to same FIRs/Complaints arising out of same incident with respect to different co-accused - On the ground of parity, FIRs..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Expeditious disposal of NI Case by establishment of Special NI Courts - Directions issued for establishment of pilot basis in 5 judicial districts with highest pendency in 5 states with highest pendency (namely Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh) - Guidelines covering the pilot..........
Delhi Prison Rules, 2018, Rule 1225 -- Grant of Furlough - The Director General of Prisons passed, an impugned order that the appellant had not earned the last 3 Annual good conduct reports - The expressions employed in Clause (I) of Rule 1223 are that the prisoner ought to maintain `Good conduct in the prison and should have earned rewards in last 3 Annual good conduct..........
Industrial Disputes Act, 1947, Section 10 -- Industrial Dispute - Reference to Labour Court - Territorial jurisdiction of Labour Court - Workman employed as a driver at Ghaziabad office and his services were retrenched at Ghaziabad - Merely because workman after termination/retrenchment shifted to Delhi and sent a demand notice from Delhi and Head Office of Management was..........
Delhi Rent Control Act, 1958, Section 25B(8) -- Proviso - Revision - Scope of revision - High Court while exercising its revisional power u/s 25-B(8) Proviso of the Act is not expected to substitute and supplant its views with that of trial Court by exercising appellate jurisdiction - Its role is to satisfy itself on the process adopted - Scope of interference by High..........
