Specific Relief Act, 1963, Section 38 -- Permanent injunction - Property has been partitioned in view of subsequent development and instrument of partition has been prepared - There is severance of status between co-sharers - Co-sharers are entitled to take possession in implementation of instrument of partition - Prayer for injunction thus, become infructuous...........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Enhancement of compensation - Sale exemplars - There are multiple sale deeds of smaller plots, and these represent the best available evidence for estimating compensation - Highest sale exemplar which are close proximity to acquired land should be relied upon rather than solely depending upon an average of..........
Criminal Procedure Code, 1973, Section 438, Mines and Minerals (Development and Regulation) Act, 1957, Section 21(1), 21(4) -- Anticipatory bail - Offence u/ss 21(1), 21(4) of Mines and Mineral Act - Offending tractor trolley was seized with illegal stone dust - Same was being driven by son of petitioner - It was the petitioner who directed his son to dump the stone dust..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 13, Mineral (Auction) Rules, 2015, Rule 10, Constitution of India, 1950, Article 142 -- Mining lease - E-auction - Rectification of bid - Bid of 140.10% offered by appellant within four minutes of last bid of 104.05% - There was sufficient material to suggest that appellant did not consciously enhance its..........
Market fee and Rural Development fees -- Exemption from payment - Market fees and Rural Development fees are distinct and, there being no exemption from Rural Development fees mentioned in 2003 Policy as it only encompasses exemption from Market fees in its ambit - Two fees under the two different statutory frameworks cannot be equated as one and it cannot be assumed that..........
Custody of child -- Minor child at the tender age of 2-1/2 years - Mother can claim custody over the minor child - Grandparents cannot be denied reasonable access/visitation right, which will also help the child's normal development - Grand parents granted visitation rights once in every month i.e. the first Saturday from 2.00 pm to 6.00 pm at the Child Care Centre -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent development during pendency of suit can be brought on record by way of amendment for proper adjudication of case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint development agreement stipulating that any dispute has to be referred to arbitrator - Accused acquitted solely on this ground - Acquittal cannot be legally sustained - Impugned order set aside - Matter remanded for disposal of the same in accordance with law by giving opportunity to both the..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 104 -- Child Welfare Committee (CWC) - CWC has power to review or revise its own order where circumstances prompt for such an action or where any new development takes place, compelling it to take a different view - Such powers have been vested in CWC notwithstanding the powers of appellate Court or..........
Consumer Protection Act, 1986, Section 23 -- Medical negligence - Development of hoarseness in voice after surgery - Mere reliance on medical literature would not be sufficient to exonerate Hospital from its duty of ensuring that Head of Department, Anesthesia ought to have inserted Double Lumen tube - Instead he was not available and task was delegated to a trainee..........
