Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997, Section 4 -- Religious institution - Properties of religious institutions for purpose of rent control legislations fall in separate class which is identifiable and not violative of Art.14 of Constitution...........
Punjab Religious Premises and Land (Eviction and Rent Recovery) Act, 1997, Section 4 -- Eviction - Judicial review - Order passed by Collector u/s 4 of the Act is appealable before Commissioner and tenant if still aggrieved can invoke writ jurisdiction of High Court - Power of judicial review is always available and can be exercised by High Court when required and..........
Civil Procedure Code, 1908, Order 13, Rule 3, 4, 5, 6, 7 -- Admissibility of document - Objection to admissibility of document on ground of non-payment or short payment of stamp duty has to be raised when document is produced before Court and sought to be marked in evidence - It is not permissible to raise such objection subsequently at appellate stage...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- De-exhibiting a document - Insufficiently stamped document - Once a document is admitted in evidence despite suffering on account of deficiency in relation to Stamp Act, it cannot be recalled to its original status - Application rejected...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration can be raised at any stage including in appeal or revision...........
Civil Procedure Code, 1908, Order 13, Rule 4, Registration Act, 1908, Section 17(1)(b) -- Document admitted in evidence - Question as to its registration - Objection can be considered at any stage by Court - However, with reference to such objection nature of recitals in document must necessarily be considered - It is thus, desirable that same be considered at the stage of..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, 147, 313, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Quashing of FIR - FIR discloses commission of a cognizable offence - No material on record that proceedings initiated by means of FIR are vexatious, frivolous or otherwise illegal - FIR cannot be quashed...........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and rape - Quashing of proceedings - Compromise - Allegation against accused is that he committed rape upon victim who is minor - Prima facie offence of rape is made out against accused - Role of other..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 376(3), 376(D), 366, 366A, 376DA, 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 18 -- Anticipatory bail - Offence u/ss 323, 376(3), 376(D), 366, 366-A, 376-DA, 511, 506 IPC & Ss.4, 18 POCSO Act - Initial occurrence took place when victim was a minor - However,..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 42 -- Offence u/ss 376/506 IPC and Ss.3/4 of POCSO Act - Punishment not to be made under both the provisions of IPC and POCSO Act - Punishment higher in degree for one and same offence, as provided under POCSO Act and IPC is to be chosen and awarded...........
