Rent and Eviction -- Bonafide requirement - Landlord died during pendency of proceedings - In the absence of any denial to facts that son of landlord is crippled and has no other source of income or any other business, his need is clearly established - Moreover, tenants who own several businesses have managed to cling on the premises for last 63 years even after expiry of..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Petitioner being government employee was not acting in the course of his official duties at the time of alleged incident - There is thus, no requirement to seek prosecution sanction to proceed against petitioner in relation to these alleged offences - Petitioner cannot invoke protection of S.197..........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 2, 3 -- Dismissal of suit in default U.O.9.Rr.2, 3 CPC - Res judicata - An order of dismissal of a suit or application in default U.O.9.R.2 or U.O.9.R.3 CPC is neither an adjudication or a decree nor it is an appealable order - If that is so, such order of dismissal of a suit U.O.9.R.2 or U.O.9.R.3 CPC does not fulfill..........
Mohammedan law -- Gift (Hiba) - When donor and donee, who are father and son are residing together in residential house owned by father, it is not expected that after gifting property by way of Hiba, father would leave the residence - Since donor has delivered constructive possession to donee, it is sufficient to satisfy requirement of delivery of possession in order to..........
Will -- Probate - Mere fact that Will in question is registered, this does not relieve the propounder of Will from the requirement of getting it probated, but its registration raises presumption of its due execution...........
Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2), 17, Criminal Procedure Code, 1973, Section 154 -- Disproportionate assets - FIR - Preliminary enquiry - In matters of corruption a preliminary enquiry although desirable but is not mandatory - In a case where a superior officer, based on a detailed source report disclosing commission of a cognizable offence,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Condition to deposit 20% of compensation amount - Appellate Court while imposing condition of deposit of 20% of compensation amount, is not shown to have given any opportunity to petitioner to make submissions regarding exceptional circumstances..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Petitioner being independent director had resigned prior to issuance of most cheques and was not signatory to any of them - Complaints are silent qua any active role of petitioner in business of company - Statutory requirement u/s 141 of the Act is not satisfied -..........
Land Acquisition Act, 1894, Section 48 -- Release of land - Appellant who is running factory on land in question, has not obtained a valid Change of Land Use (CLU) certificate - For establishing a factory or any other commercial development being valid, a CLU is a prerequisite, in the absence of which running a factory on the said land cannot be validated so as to include..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41(2), 42 -- Contraband - Secret information - Non-compliance of Ss.41(2), 42 of the Act - PW8/DSP was present at the naka - Though there is some discrepancy regarding as to which officer present at the naka received secret information, however, said fact would have little relevance because it is the case of..........
