Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Work contract - "No Dues/No Claim Certificate" issued by contractee on receiving full amount of final bills - Contractee after a gap of one month withdrew "No Dues/No Claim Certificate" on the grounds of coercion and duress - No evidence on record that said certificate was issued under..........
Hindu Succession Act, 1956, Section 14(1) -- Widow - Property inherited by Hindu widow from her husband prior to coming into operation Act of 1956 - Daughter not succeeded to the interest of their father as he died prior to coming into operation of 1956 Act - Widow thus, became owner of suit properties - Limited interest of widow blossomed with full interest u/s 14(1) of..........
Hindu Succession Act, 1956, Section 14(1) -- Widow getting usufruct of some part of land during her life time under Will executed by her husband, without giving any right of succession - Not entitled to claim that right given to her under said Will enlarged into full ownership in terms of S.14(1) of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Contraband - Compliance of S.55 of the Act is not mandatory but only directory - However, where matter goes to root of recovery and in important areas prosecution is found deficient in taking full steps, it may prove detrimental to case of prosecution...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19 -- Sanction for Prosecution - Provision of S.197(1) Cr.P.C and S.19(1) of P.C Act are identical so far as it relates to sanction for prosecution - Ratio of judgments related to both the provisions are applicable to each other with full force...........
Criminal Procedure Code, 1973, Section 204 -- Issuance of process summons - Complaint under SC/ST Act - Interference by Supreme Court - Where order issuing process against accused being purely interim in nature being passed in exercise of its discretionary powers finding prima facie case, same cannot be interfered with by Supreme Court in its appellate jurisdiction u/art..........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Auction sale - Setting aside - Sale confirmed and it became absolute - Any subsequent payment in full satisfaction of decree by J.D. will not vitiate auction sale...........
Evidence Act, 1872, Section 32 -- Dying declaration - Reliability - Dying declaration can be acted upon without corroboration if it inspires full confidence of Court, however, Courts would closely scrutinize dying declaration to find out whether it can be acted upon without corroboration...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Withdrawal of complaint - Compromise - Complainant received full cheque amount from accused in full and final settlement of all liability in relation to dishonoured cheque in question - Stand taken by trial Court in refusing to give permission to complainant..........
Evidence Act, 1872, Section 3 -- Expression "proved", "disproved" and "not proved", lays down standard of proof, namely, about the existence or no, existence of circumstances from the point of view of a prudent man, so much so that while adopting the said requirement, as an appropriate concrete standard to measure "proof", full effect has to be given to the circumstances..........
