Hindu Adoptions and Maintenance Act, 1956, Section 9(4), (5), 11(ii), Juvenile Justice (Care and Protection of Children) Act, 2000, Section 41 -- Adoption of minor girl - Adoption of second child of same gender i.e a female child - Embargo for adopting a child of same sex as envisaged u/s 11(ii) of 1956 Act has been done away under the 2000 Act, which simply creates an..........
Decisions -- Decisions of Chairman of Redressal of Consumer Grievances and Appellate Authority - Applicability - Appellate authority has upturned its own order as clarificatory in nature - Decision of the Appellate Tribunal ought to therefore prevail over decision which has already been taken by the authorities which are impugned before the court...........
Evidence Act, 1872, Section 32 -- Dying declaration - 95% burn injuries - Fitness certificate of doctor - Doctor in his cross examination stated that chances cannot be ruled out that a person can be unconscious having 95% burn injuries - Held, opinion evidence elicited during cross examination of doctor cannot prevail upon his assertion in Exts.P12 & P13 as to fit mental..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Court not to reappraise material on record and substitute its own view in place of Arbitrator's view - Where there is an error apparent on face of record or Arbitrator has not followed statutory legal position, then and then only it would be justified in interfering with the award - Once Arbitrator..........
Will -- Suspicious circumstance - Exclusion of legal heirs - Exclusion of other children of testator and execution of Will for the sole benefit of one of the sons i.e. respondent by itself is not a suspicious circumstance - It is the will of testator that has to prevail as property is self acquired...........
Criminal Procedure Code, 1973, Section 164, Prevention of Terrorism Act, 2002, Section 32 -- Confession - Provision of Special Act will prevail over provisions of General Act - Constitutionality of the POTA was declared as valid as its provisions will prevail over Cr.P.C. - Considering the stringency of provisions of POTA and grave consequences, Court need to ensure that..........
Limitation Act, 1963, Section 29 -- If a statute provides a period of limitation, the period so prescribed would prevail over the period of limitation prescribed by the Limitation Act, 1963...........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 16 -- Arbitral award - Setting aside - Applicability of S.16 CPC - Controversy between parties does not pertain to recovery of immovable property, partition of immovable property, foreclosure sale or redemption of immovable property, determination of any other right to immovable..........
Evidence Act, 1872, Section 112 -- Scientific evidence - Held, when there is a conflict between a conclusive proof envisaged under law and a proof based on scientific advancement accepted by world community to be correct, then latter must prevail over former...........
Criminal Procedure Code, 1973, Section 4 -- Trial of offences - In respect of offences under laws other than IPC if there be an enactment regulating the manner of investigation, inquiry or trial such enactment will prevail over Cr.P.C...........
