Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Land acquired by Acquisition Authority much earlier to the plaintiff purchasing suit property - Proceedings in respect of land would be governed by Land Acquisition Act which is special and comprehensive Act - Remedy even for relief of injunction is not available before civil Court - Order rejecting..........
Land Acquisition Act, 1894, Section 4, 6 -- Acquisition of land - Allotment of alternative land in lieu of acquisition - Land acquired for Railways project on behalf of Government of India and not for State Government or State Authority - No scheme formulated in relation to stated railways project implemented by Central Government for providing alternative housing sites to..........
Protection of Children from Sexual Offences Act, 2012, Section 21(2) -- Offence u/s 21(2) of the Act - Petitioner being Superintendent of hostel of victim after coming to know about commission of offence from victim relating to her rape by accused and her pregnancy on account of such rape, not intimated either to Special Juvenile police Unit or to local police unit - She..........
Special Marriage Act, 1954, Section 25(i), 27(1)(d) -- Annulment of marriage - Non consummation of marriage due to impotency of husband - Husband seeking virginity test of wife - Trial Court rejected the application by relying on a passage of a renowned author that "Virginity test is not a reliable indicator of a female having actually engaged in sexual intercourse because..........
Special Marriage Act, 1954, Section 36 -- Interim maintenance - Income of wife is not less than Rs.74,000 p.m - Said income is sufficient for her support particularly, when she herself has assessed her requirement @ Rs.50,000 in application for alimony pendente lite - Application for interim maintenance rightly rejected...........
Possession -- Settled possession - It must be (i) effective, (ii) undisturbed and (iii) to the knowledge of the owner or without any attempt at concealment by the trespasser - Phrase settled possession does not carry any special charm or magic in it, nor it is a ritualistic formula which can be confined in a straight jacket...........
Criminal Procedure Code, 1973, Section 482 -- Application for acceptance of challan/final report and quashing of FIR - Investigating agency after completion of investigation had filed challan/closure report in Court of Special Judge, but till date no final order is passed - Matter is listed for 14.6.19 - Parties undertake to ensure presence of their respective clients..........
Consumer Protection Act, 1986, Section 23 -- Flat - Delay in handing over possession - Interest - Complainant is entitled to interest from appellant for not handing over possession as projected as is offered by it - However, special punitive damages cannot be awarded to complainant as one of causes for late delivery of possession as it was beyond control of appellant -..........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 153A, 120B, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 43D(2)(b) - - Offence u/ss 302, 153-A, 120-B IPC and Ss.16, 18 of 1967 Act - Specific reason assigned by Public prosecutor fulfilling the mandate and requirement of S.43-D(2)(b) of 1967 Act and said fact was considered..........
Limitation Act, 1963, Section 29(2) -- Applicability of S.29(2) of the Act is with regard to different limitations prescribed for any suit, appeal or application to be filed only in a Court, not before statutory authorities and tribunals provided in a special or local law...........
