Evidence Act, 1872, Section 112 -- It is not possible to permit DNA finger-print-ing to find whether a particular child is the son of its putative father in cases which do not fall within the exception mentioned in the section...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Right to challenge transaction as being violative of Section 8 of the Hindu Minority and Guardianship Act arises only after the minor attains majority and not before...........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Immovable property of minor - Power of natural guardian to deal with under Section 8 is in relation to minor's definite property and not his fluctuating indefinite interest in joint family property - Intention of S.8 is not to fetter the customary power of the natural guardian in the matter of dealing with joint..........
Civil Procedure Code, 1908, Section 100 -- Section appeal - High Court not justified in reappraising evidence stating that concurrent finding of Courts below was perverse...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque returned with the endorsement `Account closed' - Amounts to an offence under section 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque - Can be presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier - Cheque can be presented any number of times - On such dishonour of the cheque a fresh right accrues in favour of the complainant every time and he can enforce..........
Civil Procedure Code, 1908, Section 80, Order 27, Rule 5-A -- Suit for damages or other relief against a public officer - Govt. is to be joined as a party to the suit - Notice is to be served under Section 80 CPC - Notice served on officers of the government and not on State Govt. - Exclusion of notice period cannot be claimed - Waiver or silence or acquiescence does not..........
Civil Procedure Code, 1908, Section 115 -- Revision - Preconditions for interference - After amendment in S.115 of the Code, for interference with an order in exercise of revisional jurisdiction, three conditions must be fulfilled; firstly, that the case comes within any of the three clauses of sub-section (1) of S.115 of the Code; secondly, that against the order..........
Civil Procedure Code, 1908, Section 151, 144 -- Restitution - Suit for injunction - Interim injunction granted exparte but later vacated - Before filing appeal, defendant dispossessed plaintiff from suit premises forcibly -Appeal against order vacating interim injunction allowed and temporary injunction granted pending disposal of suit - Restitution can be ordered under..........
Court Fees Act, 1870, Section 7(ivB) (b) and 7 (v) -- Termination of licence - Suit for mandatory injunction for delivery of possession if brought without undue delay then the suit is maintainable and the Court fee payable would be under section 7 (iv-B) (b) and not Sec.7 (v) of the Act...........
