Stamp Act, 1899, Section 47A -- Proceedings u/s 47A of the Act can be initiated within a period of 3 years from the date of execution of sale deed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is in custody for last more than 3 years and 6 months - Out of 17 PWs only 7 witnesses have been examined till date - He does not have any criminal antecedents - Bail granted...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Filing of case of bigamy against husband by wife - Wife stated that husband has contracted a second marriage - She had given the details of second wife, date and place of marriage and address of second wife - Said allegations has not been disputed by husband - Though criminal proceedings for offence..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Wrong noting of date in diary - Due to devastating floods record in office of counsel got damaged - Even Court functioning was disrupted - Assertion of counsel for plaintiff that record in his office got damaged and same had to be reconstructed cannot be brushed aside, particularly in..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Exclusion of one property - Property in question is in exclusive possession of defendant no.13 - It is a long and continuous possession from the date of purchase in the year 1977 and 1983 - Mutation of records stands in the name of defendant no.13 - More so, claim of plaintiff in respect..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Keeping in view of various heads under which claimant is entitled to compensation, total compensation of Rs.15,94,812 with 6% interest p.a from date of filing of petition till date of payment or deposit whichever is earlier awarded to claimant...........
Civil Procedure Code, 1908, Order 8, Rule 1(A3) -- Late production of documents - Will - Partition suit - Defendant not pleaded in additional written statement regarding Will in question nor said Will filed along with additional written statement - Even, there is no reference to date of execution of Will in additional written statement - In the absence of pleading, any..........
Protection of Children from Sexual Offences Act, 2012, Section 6 -- Aggravated penetrative sexual offence - Victim was less than 12 years at the time of commission of offence - On the date of commission of offence R.I for 10 years was minimum sentence prescribed for offence u/s 6 of the Act - Special Court rightly punished accused u/s 6 of the Act and sentenced him to..........
Service -- Reinstatement without back wages - Appellant withdrawn his affidavit in which he categorically stated on oath that he was not employed from date of termination - However, he has not raised the contention of unemployment in fresh affidavit - Appellant cannot be granted benefit of back wages for entire period from date of termination till reinstatement, as it..........
Criminal Procedure Code, 1973, Section 311 -- Recall of PW1 for cross-examination - Offence u/ss 354, 354-A, 354-D IPC and S.12 of POCSO Act - Right of accused to cross-examine PW1 would be all the more at a higher pedestal under POCSO Act - Merely because accused approached Court with an application u/s 311 Cr.P.C after an inordinate delay of one year, that by itself may..........
