Wakf Act, 1995, Section 14 -- Muslim member of Bar Council - Cannot continue to hold membership in Waqf Board after he had ceased to be a member of Bar Council, as term of member of Bar Council serving on board is co-terminus with their membership in Bar Council itself...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Compromise decree cannot be challenged by filing a fresh suit as there is a bar on filing a fresh suit challenging the consent decree on the ground of legality of compromise U.O.23.R.3-A CPC - Only remedy against a compromise decree is to file a recall application before the Court that..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Res judicata - Suit for declaration that compromise deed is null and void and for partition - Suit is barred U.O.2.R.2 CPC as it did not include all the properties which were part of their earlier suit - Even, suit is hit by principles of res judicata or by constructive res judicata as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - When an accused is alleged to be involved in a narcotic network, bar u/s 37 of the Act assumes heightened significance...........
Evidence Act, 1872, Section 92 -- Oral evidence - Evidence to vary terms of an agreement in writing is not admissible, but evidence to show that there is no agreement in the first place is admissible - Thus, unless grounds fall within S.92 provisos of the Act read with illustrations to said section, there is a bar on adducing oral evidence...........
Indian Contract Act, 1872, Section 28 -- Contract - Jurisdiction clause - S.28 of the Act does not bar exclusive jurisdiction clauses - What has been barred is absolute restriction of any party from approaching a legal forum - Right to legal adjudication cannot be taken away from any party through contract but can be relegated to a set of Courts for ease of parties...........
Protection of Children from Sexual Offences Act, 2012, Section 10 -- Aggravated sexual assault - Testimony of prosecutrix - There is no bar for Court to arrive at the conclusion of guilt of accused on the basis of uncorroborated testimony of prosecutrix if she is found to be trustworthy and her evidence is of sterling quality...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Suit filed challenging election to office bearers of society having 219 members - Unless there is a specific bar under the statue, application U.O.1.R.8 CPC is maintainable...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to divorced wife - Wife is entitled to seek maintenance from her husband as a divorcee till her remarriage, even if she has been found guilty of matrimonial offence of desertion in decree of divorce and is disentitled to seek maintenance u/s 125 Cr.P.C during subsistence of her marriage - Decree of divorce passed..........
Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) seeking intervention in the matter and seeking clarification, modification of the directions -- Supreme Court being the highest court of the country, the practice and procedure being followed in the Supreme Court proceedings by the Advocates and Officers of the Supreme..........
