Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 80, 85, 108, 3(5), Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Cruelty - Allegations against mother-in-law of deceased - Relationship between appellant and deceased is not in dispute - Admittedly, husband of deceased has been arrested and he is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - While adjudicating second appeal, it is important to keep in mind that for a question of law to be substantial, same must be debatable, not previously settled by law or precedent, and must have a bearing on a decision of the case and on the rights of parties...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - To be a question of law, a foundation for the same must exist in the pleadings and the question should emerge from the findings of fact arrived at by Courts below and that the same be necessary to be decided for a just and proper adjudication...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Jurisdiction of High Court being confined only to substantial questions of law - Findings of fact are not open to challenge in the second appeal...........
Arbitration and Conciliation Act, 1996, Section 11 -- Scope of judicial interference of referral Courts - With a view to balance limited scope of judicial interference of referral Courts with the interests of parties who might be constrained to participate in the arbitration proceedings, Arbitral Tribunal may direct that the costs of arbitration shall be borne by party..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(3) -- Order passed u/s 3(3) of the Act - Appeal - No provision in Statue enabling party to file appeal against order passed u/s 3(3) of the Act - When no such remedy is provided by law, judgment in appeal is a non-est and can only be ignored...........
Road widening project -- Directions issued to State or its instrumentalities i.e: (i) Ascertain the existing width of road in terms of official records/maps; (ii) Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps; (iii) If an encroachment is found, issue a proper, written notice..........
Encroachment -- Demolition of residential house - Demolition was preceded only by a Munadi - There was no written notice and no disclosure of the basis of demarcation or extent of demolition to occupiers - Even in respect of area allegedly encroached no due process was followed and a written notice was not issued - Demolition was thus, high-handed and without authority of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal could be admitted only when appellant satisfies the Court that substantial questions of law between parties arise - Proper test for determining whether a questions of law raised in the case is substantial would be or whether it directly and substantially affects the..........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Police protection - Writ Court will not order police protection when there is an element of civil dispute involved unless it is satisfied that there is a likelihood of law and order situation...........
