Calcutta Municipal Corporation Act, 1980, Section 174(1), 174(2), 178(2)(i)(ii) -- Assessment of premises - Determination of Assessment of building and land - Separate assessment - S.174(1), (2) of the Act operate in separate field - (i) `land or building' (ii) `open land with no building thereon' both cannot be clubbed - Building has some appurtenant land then such..........
Evidence Act, 1872, Section 27 -- Recovery of weapon - When recovery is effected pursuant to any statement made by accused, document prepared by I.O. contemporaneous with such recovery need not necessarily be attested by independent witness - If any such statement leads to recovery of any article, it is open to I.O. to take signature of any person present at that time, on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Recovery suit - Filing of suit in wrong name or case of mis-description, held to be case of irregularity and not fatal to suit and can be amended - Question as to whether claim is barred by time or not, left open for adjudication - Amendment cannot be denied on ground of limitation - Application allowed...........
Evidence Act, 1872, Section 92 -- Suit for declaration that sale deed is sham and void - It is open to party to contend that document executed by him purporting to be a sale deed is only a fictitious or nominal transaction and that it was never intended to be acted upon and that transaction between parties was entirely different one...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW - Suit is at the stage of evidence - Certain contradictions in examination-in-chief of PW have been pointed out, after his cross-examination - It is always open for plaintiff to lead further evidence to prove his case by moving a proper application before Court concerned - Fact situation of case,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 455, 427 -- Anticipatory bail - Offence u/ss 455, 427 IPC - CCTV footage of incident displayed in open Court - Presence of accused in entire occurrence noticed - Accused directly involved in breaking open door of room and removing articles lying there with help of co-accused - They damaged..........
Criminal Procedure Code, 1973, Section 340, 341, 343 -- Complaint u/ss 340, 341 Cr.P.C. - If trial Court on receipt of complaint is satisfied that materials on record are adequate enough, it shall, as per mandate contained in S.343(1), deal with the case as if instituted on a police report - In case, complaint is filed without preliminary enquiry, it would be open for..........
Indian Penal Code, 1860, Section 498A -- Offence u/s 498-A IPC - Settlement/compromise - In cases where settlement is reached, it will be open to District and Sessions Judge or any other senior Judicial officer nominated by him in the district to dispose of the proceedings including closing of criminal case if dispute primarily relates to matrimonial discord - This..........
Indian Penal Code, 1860, Section 498A -- Clubbing of cases arising out of matrimonial disputes - It will be open to District Judge or a designated senior judicial officer nominated by District Judge to club all connected cases between parties arising out of matrimonial disputes so that a holistic view is taken by the Court to whom all such cases are entrusted - This..........
Indian Penal Code, 1860, Section 498A -- Preventing the misuse of offence u/s 498-A IPC - Directions issued : (i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in..........
