Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - Suit property divided in 1982 and parties have taken the property to be enjoyed as their exclusive and absolute property - Property had thus, lost the character of coparcenary property - Since division was effected prior to amendment of S.6 of Hindu Succession Act, said section is thus has no..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Powers of High Court u/s 482 Cr.P.C though are wide and are in the nature of inherent power, yet said power cannot be exercised suo motu in a sweeping manner and beyond the contours of what is stipulated under said Section...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 25 loose tablets and 1100 intoxicant tablets - Bail - Petitioner is a lady of 38 years and is in custody from 3.7.21 - Quantity recovered falls under commercial quantity - However, investigating agency was not able to gather any sufficient..........
Criminal Procedure Code, 1973, Section 438 -- Item No.22 in the list of Constitution Scheduled Caste and Scheduled Tribe Order amendment Act 1976 - Grant of bail - Applicability - State issued notification by which Petitioners were constrained to seek anticipatory bail on the ground that they come under provisions of 1989 Act - Lohar is not same as Lohara - Including..........
Real Estate (Regulation and Development) Act, 2016 -- Scope - (i) Regulation 9 of the Regulations of 2017 is not ultra vires the Act or is otherwise not invalid; (ii) The delegation of powers in the single member of RERA to decide complaints filed under the Act even otherwise flows from Section 81 of the Act and such delegation can be made in absence of Regulation 9 also;..........
Land Acquisition Act, 1894, Section 28A, Legal Services Authorities Act, 1987, Section 20 -- Award by Lok Adalat - Re-determination of compensation u/s 28A of the Act, 1894 - Jurisdiction of Court - Held, the award passed by Lok Adalat becomes a decree - The enhancement of the compensation is determined purely on the basis of compromise which is arrived at and not as a..........
Indian Penal Code, 1860, Section 166, 167, 218, 463, 464, 465, 466, 471, Criminal Procedure Code, 1973, Section 156(3), 197 -- Jurisdiction - Compliance of Investigation and Sanction - Petitioner invoking jurisdiction u/s 156(3) Cr.P.C and necessity of S.197 Cr.P.C - Held, the want of sanction is not restricted to any act done by the public servant only in the discharge of..........
Service -- Promotion - Seniority list - Challenge as to - Non-joining of all parties - It is not essential to implead each and every one who could be affected but if a section of such affected employees is impleaded then interest of all is represented and protected - Non joining of all parties not fatal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance u/s 125 Cr.P.C can be claimed by a person irrespective of belonging to any religious community - Object to said section is to provide immediate relief to an applicant...........
Protection of Children from Sexual Offences Act, 2012, Section 7 -- Interpretation of word `touch' - S.7 of the Act pertains to `sexual assault' it appears that it is in two parts:- first part of section mentions about the act of touching the specific sexual parts of the body with sexual intent and second part mentions about `any other act' done with sexual intent which..........
