Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Suit for permanent injunction and restoration of possession - Defendant/transferee has taken possession of suit property in part performance of contract - However, defendant not pleaded that he is ready and willing to perform his part of contract - Defendant ought to have sent a written..........
Constitution of India, 1950, Article 14, Orissa Shops and Commercial Establishments Act, 1956, Section 4, Contract Labour (Regulation and Abolition) Act, 1970, Section 13(1)(4) -- Tender - Eligibility criteria - Requirement of a valid labour licence under Contract Labour Act eligibility criteria of tender for bidder - Registration certificate under Orissa Act cannot..........
Criminal Procedure Code, 1973, Section 41A -- Notice of appearance before police officer - Non-bailable warrants - Mere fact that petitioner having already left India and no notice had been issued prior to that, it cannot be presumed that petitioner was fleeing from justice and evading process of law - Investigation in the matter has not yet been completed - Petitioner has..........
Hindu Adoptions and Maintenance Act, 1956, Section 25 -- Maintenance to physically and mentally challenged daughter staying with her mother who is a practicing Advocate - However, with a daughter like this at home, judicial notice of fact can well be taken as to how much time mother would have been able to leave her at home and divert the time towards her professional..........
Delhi Rent Control Act, 1958, Section 44(3), Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Landlord duty to keep premises in good repair - Admittedly, notice in writing given by tenant and same was withdrawn - Tenant has thereafter, filed present petition u/s 44 of the Act - As long as premises have remained un-inhabitable/unusable, cause of action would continue to..........
Central Goods and Services Tax Act, 2017, Section 7, 9 -- Exemption of advocates from payment of service tax/GST - Continued issuance of notices by Department calling upon them to pay GST, is harassment - Directions issued to Commissioner GST to instruct all officers that no notice will be issued to practising advocates rendering legal services and falling in the negative..........
Criminal Procedure Code, 1973, Section 202 -- Enquiry - Case referred to police for enquiry - Magistrate has no jurisdiction to issue notice to accused...........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Period of 15 months was fixed after paying substantial sale consideration for completing contract dated 30.1.2014 - However, there is no express terms of contract or impliedly intention of parties to indicate that time of 15 months is essence of contract - Plaintiff was always ready and..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Husband was subjected to cruelty both physical and mental by wife for which he was constrained to file suit for divorce - Earlier divorce suit filed by husband was disposed of due to settlement between parties and husband and his family members were acquitted u/ss 498-A, 34 IPC -..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix stated that she was raped by accused on rough surface - However, said fact is belied by Doctor who examined her, as she did not notice even a single abrasion on person of prosecutrix - Claim of prosecutrix that her bangles were broken at the scene of offence not supported by spot..........
