Transfer of Property Act, 1882, Section 106 -- Eviction suit - Plaintiff is owner of premises and defendant was permitted to use the same - Cheque issued towards rent demonstrates that one cheque was dishonoured and that rent for a period of 44 months remained unpaid, which led to issuance of legal notice - Legal notice issued to defendant reflects that rent was not paid..........
Negotiable Instruments Act, 1881, Section 138(b), 142 -- Dishonour of cheque - Computation of period of limitation for filing complaint - Date of issuance of notice as well as date of service of notice or deemed service of notice to be discernible from postal receipt and acknowledgement card and in its absence any other document or documents issued by concerned postal..........
Succession Act, 1925, Section 372, 32, 33 -- Succession certificate - Issuance in favour of wife and children - If a son dies intestate leaving behind a wife and children, mother does not have a legal right to a share - Mother only succeeds in the absence of lineal descendants - Since the son died intestate leaving wife and children, mother is not a legal heir - Appellants..........
Service -- Regularization - Contractual employee - State having availed of appellants services on sanctioned posts for over a decade pursuant to a due process of selection and having consistently acknowledged their satisfactory performance, cannot in the absence of cogent reasons or a speaking decision abruptly discontinue such engagement by taking refuge behind formal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23 -- Contraband - Search and seizure - Allegation that accused brought charas from Nepal to India - Site plan as available from records indicate that interception of accused was after he entered into territory of India - However, there is no such entry indicated in passport - Even if accused was arrested..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Intimation of arrest - Requirement to inform a person of grounds for arrest is a mandatory requirement of Art.22(1) of Constitution and S.47 BNSS and absence of same would render arrest illegal...........
Indian Penal Code, 1860, Section 365, 395, 34 -- Offence u/ss 365, 395, 34 IPC - Incident took place in the year 2017 - Nine years have elapsed - A3 and A5 were aged about 21 years and 24 years, respectively, when incident took place - No materials on record to show as to what was the result of case against remaining accused persons - A3 and A5 have no criminal antecedents..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Petitioners wish to introduce pleadings that would change nature of claim - Petitioners are bringing absolutely inconsistent case contrary to case pleaded in original plaint - In absence of explanation as mandated U.O.6.R.17 Proviso CPC amendment cannot be permitted at belated stage - Application rightly..........
Bharatiya Nyaya Sanhita, 2023, Section 85 -- Cruelty - Cruelty in the context of matrimonial offences, presupposes a degree of proximity, interaction or cohabitation that enables harassment or ill-treatment - In the absence of any shared residence or meaningful interaction, allegation of cruelty by in-laws becomes inherently improbable...........
Bharatiya Nyaya Sanhita, 2023, Section 85 -- Cruelty - Complainant was previously married and has a minor child from said marriage - No decree of divorce dissolving earlier marriage has been placed on record - In the absence of dissolution of subsisting marriage, alleged subsequent marriage with accused is void-ab-initio in the eyes of law - Essential ingredient of S.85..........
