Partnership Act, 1932, Section 30 -- Partnership firm - Minor - Liability towards firm - Revenue recovery proceedings - Minor is not personally liable for any acts of firm though his share is liable for such acts - However, material on record shows that petitioner ceased to be a beneficiary of partnership firm - Period of assessment of sale tax arrears in question is later..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 464 gms charas - Charas recovered from bag of accused - S.50 of the Act not attracted - Question of no, compliance of provision of S.50 of the Act, does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 62.100 kg charas - Secret information - Non-compliance of provision of S.42 of Act - Where secret information was received by officer from his superior officer, there was no necessity for him to send copy thereof to his same immediate superior officer again - To that extent, S.42(2) of NDPS Act..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Arbitration clause in agreement - Not an absolute bar to the maintainability of suit - However, if defendant upon being served with the summons of the suit, apply u/s 8 of the Arbitration Act, would be question of non maintainability of the suit and referring the party to arbitration would arise...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Not necessary that ground for cancellation of bail must arise after bail was granted...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Issues arise when a material proportion of fact or law is affirmed by one party and denied by the other...........
Succession Act, 1925, Section 276 -- Probate - Will - Suppression of material facts - Application filed strictly in conformity with S.276 of the Act - It is not necessary for respondents to disclose in probate application material facts pertaining to indigenous identities of beneficiaries when local legislation prohibits obtaining possession of immovable properties in the..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - No issues need to be framed when they do not arise from the existing and admitting pleadings and documents...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24, Land Acquisition Act, 1894, Section 4, 6, 17 -- Acquisition of land - Lapse of acquisition proceedings - Possession already taken by authority and residential colony has been set up - Land value not given to owner - No award either under 1894 Act or under..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Non-answering the queries raised and not furnishing the information as sought for by prosecution could not be a ground to cancel the bail granted - At the most an adverse inference can be drawn by Court during course of trial - Accused cannot be compelled to adduce evidence, even if such material is..........
