Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Ex parte order against husband - Personal service not affected upon husband - It is not the case of wife that husband deliberately tried to avoid service of summons - Although husband not filed application u/s 126(2) Cr.P.C, but went in revision assailing ex parte order - Opportunity of hearing in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 271 gms intoxicating powder - Search and seizure - Non-compliance of S.50 of the Act - Recovery effected from personal search of accused - Arresting Officer however, failed to apprise accused of his legal right to be searched before a Gazetted Officer or Magistrate - There is thus, no,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 120B -- Anticipatory bail - Murder - Petitioners have not been arrayed as accused by police - Criminal complaint is instituted by complainant in his personal capacity - Naturally, no custodial interrogation of petitioners is required at this stage, unless of course any competent Court orders..........
Criminal Procedure Code, 1973, Section 154, 482, Indian Penal Code, 1860, Section 420, 468, 467, 471 -- Quashing of second FIR - Offence u/ss 420, 468, 467, 471 IPC - Both FIRs lodged against same accused in respect of same incident of same occurrence - Though complainant in both the FIRs is different person of same department who have lodged FIR on behalf of such..........
Indian Contract Act, 1872, Section 40 -- Contract - Person by whom promise is to be performed - Promisor `may employ a competent person', or assign the contract to a third party as the case may be, to perform the promise only if the parties did not intend that the promisor himself must perform it - In a case where contract is of personal nature, the promisor must..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 17 kg poppy husk - Recovery effected from plastic bag carried by accused on his head and not on his personal search - Provisions of S.50 of the Act not attracted...........
Insolvency and Bankruptcy Code, 2016, Section 31(1) -- Approval of Resolution Plan - Once resolution plan is approved by CoC it shall be binding on all stakeholders, including guarantors - Personal guarantees of promoter group - Guarantees furnished by erstwhile directors of corporate debtor not extinguished...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Expln. - Consumer - Commercial purpose - There can be no straight jacket formula to summarize commercial purpose - However, broad principles culled out to determine `commercial purpose' - (i) The question of whether a transaction is for a commercial purpose would depend upon the facts and circumstances of each case -..........
Rent and Eviction -- Bonafide necessity - Landlord has taken a specific ground that he along with his son intend to shift from shop where they are running their business of mobile repair portion FGHI which is a part of BCDEFIH to shop which was in possession of tenant marked as YYZZ - Further, landlord wishes to shift his business of mobile repair to premises in question..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Enhancement of compensation - Deceased was Senior editor in Asian Age - Tribunal awarded compensation by taking income of deceased at Rs.12 lakhs per year and multiplier of 15 applied - Though it is not considered as a permanent job, 40% of income of deceased needs to be added to computing compensation as future prospects..........
