Criminal Procedure Code, 1973, Section 439(2), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Trial Court i.e., being a Court of Sessions was entitled to entertain an application u/s 439(2) CrPC (now S.483(3) BNSS) seeking cancellation of bail on the grounds of violation of bail conditions imposed by it, notwithstanding the fact that..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Allotment of poultry farm - Both the Courts below elaborately discussed the evidence led by parties and during inspection, no poultry farm was found running - There was no chicks in it - Notice was given to plaintiff on violation of conditions mentioned in lease deed..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Applicant suffered custody of 11 years and about 5 months of awarded sentence of 12 years of R.I. - There is no hope of appeal coming up for final hearing in near future - However, considering the fact that appellant had several antecedents in some of which he was acquitted and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
Electricity Act, 2003, Section 79, 178, Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 -- Whether the CERC exercises regulatory or adjudicatory functions under Section 79 of the Act, 2003? - In the absence of a regulation under Section 178 does not preclude the CERC from exercising its powers under Section 79(1) to make..........
Electricity Act, 2003, Section 79, Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 -- Whether the grant of compensation by the CERC for the delay is a regulatory or adjudicatory function and to what extent are the principles of natural justice applicable to the exercise of such functions? - CERC is enabled to exercise its..........
Transfer of Property Act, 1882, Section 54 -- Sale or allotment - Nature of transaction - Alienation of land by Government on three conditions i.e land should be utilized only for purpose for which it is allotted, construction work should be completed within 2 years from the date of handing over possession of land and trees should be planted in open place and in case of..........
Transfer of Property Act, 1882, Section 10 -- Allotment of land by Govt. - Violation of conditions of allotment - Resumption order - High Court in its order held that land was sold on payment of market value as such Govt. could not have placed any condition restricting the enjoyment of land by land owner - But since Trust violated the conditions of allotment for which the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Court must satisfy three essential prerequisites before granting an interim injunction i.e: (i) existence of a prima facie case in favour of applicant evincing a reasonable probability of success at trial; (ii) balance of convenience lies in favour of granting injunctive relief; and (iii) applicant..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 304B, 498A, 306, 35 -- Bail - Dowry death - Deceased died under unnatural circumstances within approximately five years of her marriage - Allegations of dowry harassment are specifically tied to claim that applicant pressurized deceased to arrange funds for the payment of car..........
