Income Tax Act, 1961, Section 261UD(1), Rajasthan Urban Improvement Act, 1959, Section 74(1), 73A, Rajasthan Urban Areas (Sub-Division Reconstitution and Improvements of plots) Rules, 1975, Rule 11 -- Appeal - Against pre-emptive purchase order - High Court directed entitlement of purchaser for refund of amount paid to vendor together @ 6% p.a. - As per Court below fair..........
Income Tax Act, 1961, Section 261UD(1), Rajasthan Urban Improvement Act, 1959, Section 74(1), 73A, Rajasthan Urban Areas (Sub-Division Reconstitution and Improvements of plots) Rules, 1975, Rule 11 -- Intra Court appeal - Against pre-emptive purchase order - Writ jurisdiction - Writ Court cannot act as an appellate Court to examine the legality and correctness of the..........
Adverse possession -- Once plea of adverse possession is raised, it pre-supposes title over suit land of plaintiff - Once title of plaintiff is deemed to be admitted, argument that property is not identifiable falls to ground...........
Criminal Procedure Code, 1973, Section 207, 208 -- Supply of deficient/illegible documents - Proceedings under Prevention of Money Laundering Act (PMLA Act) - Neither S.207 Cr.P.C nor S.208 Cr.P.C can be applied mutatis mutandis to proceedings under PMLA Act - Matter is at the stage of pre-charge consideration and this stage cannot be construed to be a stage of trial -..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Loss of document - Failure or success to prove existence of documents or its loss cannot be pre-determined and that too without providing opportunity - It is only after providing an opportunity to lead secondary evidenced that trial Court can form its opinion regarding existence of documents and circumstances..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused under influence of liquor went to house of his i, laws and quarreled with them - Deceased being a neigbourer intervened while accused was quarreling with his i, laws - Accused inflicted injuries to deceased which resulted in his death - Incident occurred on the spur of moment, without any..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction petition - Existence of compromise deed between landlord and tenant for peaceful and vacant possession of land on which staff of tenant were residing - Absence of any pre-condition to clear-off all dues before handing over possession - Workers or staff of tenants have no right to create hindrance in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43, 42, 50, Criminal Procedure Code, 1973, Section 439(2) -- Contraband - Commercial quantity - Cancellation of bail - Recovery effected from a bag carried by co-accused in his hand on a public road and not from his person/body - Seizure of narcotic substance by ASI of police is not without authority of law or..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 28(1)(a), 23, 25 - - Cognizance of offence - Offence u/ss 23, 25 of the Act - Inspection of Ultra sound clinic by Executive Magistrate - Executive Magistrate is nominated/authorized to assist District Appropriate Authority/District Magistrate to inspect the clinic of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days period from the date when notice was served upon accused - Such complaint is no complaint in the eye of law and therefore, Court is barred in law from taking cognizance of such complaint irrespective of fact that cognizance of complaint is..........
