Environment clearance -- National Green Tribunal (NGT) should act within contours of powers conferred on it which is S.15 of the NGT Act - Though such power would be available to a Court constituted under PMLA or to constitutional Courts, it would not be available for exercise by NGT, constituted to ensure effective and expeditious consideration of cases relating to..........
Jammu and Kashmir Criminal Procedure Code, 1860, Section 482 -- Quashing of proceedings - Disputed questions of facts and defence of accused cannot be taken into consideration at pre-trial stage...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 232 -- Second Proviso - (Criminal Procedure Code, 1973, S.209) - Committal of case - S.232 Second proviso BNSS does not prohibit consideration of bail applications by committal Courts...........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Cognizance of offence - Once police report in shape of final report submitted by concerned I.O. has been rejected and protest petition preferred at the behest of victim has been allowed, scope available before Special Judge is only to treat the matter as Complaint Case and summoning of applicant might be..........
Service -- Supervening structural change cannot extinguish accrued claims or pending proceedings - Successor body steps into the shoes of its predecessor subject to liabilities and obligations arising from prior regime - More so, later policy to out source Class IV/Driver functions cannot retrospectively validate earlier arbitrary refusals, nor can it be invoked to deny..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff already paid Rs.3,10,000 out of total sale consideration of Rs.3,90,000 at the time of execution of agreement to sell - On the targeted date plaintiff proved his presence before office of Sub Registrar - Suit filed within 8 days of second default committed by defendant - Plaintiff thus, was ready..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Husband is a doctor earning approximately Rs.1,40,000 p.m. from his employment - Wife on the other hand holds an M.Tech (Computer Science) and an LLB degree - She claims to be presently unemployed - Determination of alimony requires consideration of multiple factors - Husband has capacity to pay a higher amount..........
Agreement to sell -- Specific performance - Order to deposit balance sale consideration - Issue of readiness and willingness is yet to be gone into and merely because agreement to sell has been admitted by parties would not be a ground to permit defendant to deposit the amount in Court - However, since the amount already stands deposited by defendant, therefore, amount so..........
Indian Penal Code, 1860, Section 34 -- Common Intention - To ascertain common intention, the totality of circumstances must be taken into consideration in concluding whether the accused had such intention to commit an offence of which he could be convicted...........
Evidence Act, 1872, Section 65B -- Electronic evidence - CDs - Device used for capturing content of CDs not mentioned and produced - Certificate u/s 65-B of the Act is not from person who is custodian of device from which the content of CD copied - Electronic documents rightly not taken into consideration...........
