Mutation -- Writ petition against order passed in mutation proceedings - Orders of mutation are passed on basis of possession and since no substantive rights of parties are decided, ordinarily a writ petition would not be entertainable against such orders unless same are found to be wholly without jurisdiction or have effect of rendering findings which are contrary to..........
Prevention of Corruption Act, 1988, Section 7A, Indian Penal Code, 1860, Section 120B -- Offence u/s 7-A of P.C Act and S.120-B IPC - Role of petitioner was duly established by trap proceedings conducted by ACB in furtherance of a larger criminal conspiracy along with co-accused - Special Judge took cognizance against petitioner and co-accused for hatching a criminal..........
Criminal Procedure Code, 1973, Section 82, 105 -- Proclaimed offender - Petitioner was at Canada at the time when non-bailable warrants and even proclamation was issued against him which were received back unserved - No effort was made to effect personal service of petitioner through embassy of India located in concerned Country where petitioner was residing at the..........
Motor Vehicles Act, 1988, Section 166, 149 -- Accident - Compensation - Liability of personal accident cover - Whether liability was limited or not - When the contention of limited liability was neither taken before Tribunal nor in appeal filed before High Court, there was no reason for High Court to look into policy document to find limited liability - Order of High Court..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Cruelty cannot be assessed only on basis of any single incident and all incidents referred and evidence led are to be examined in cumulative manner in order to arrive at conclusion as to whether cruelty has taken place or not...........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - Trial Court while granting ex parte interim injunction has not considered the suit in its entirety - It has not even recorded existence of a prima-facie case, balance of convenience or irreparable hardship, three sine qua non for grant of mandatory injunction - No reasoning as has been mandated..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - An order passed by trial Court can be challenged in proceedings u/art 227 of Constitution...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - Compromise - Quashing of charge sheet - Applicant and 4 other members of his family were accused of harassing and killing deceased for dowry - Guilt of all accused persons against whom same allegations were made has been established by order of trial Court and all other accused persons have been..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Order passed against dead person is a nullity - Mere fact that counter affidavit was filed by one of legal heirs would not clear the defect of order being passed against a dead person - Without the cause title being amended and legal heirs being brought on record in interlocutory applications at that..........
Central Goods and Services Tax Act, 2017, Section 129(3) -- Detention of vehicle - Issue is whether upon payment of tax and penalty by the appellant within the time stipulated in the notice under section 129(3), the proper officer is still mandatorily required to pass a final order under section 129(3) - Compliance with procedural requirements is essential not only for..........
