Labour Law Dispute -- Parties to the dispute, in all pending cases and cases to be filed in future, shall be required to furnish their permanent address(es)...........
Succession Act, 1925, Section 276 -- Grant of probate - Will - Earlier probate granted without citing necessary parties was revoked - Fresh probate proceeding after 22 years was filed by propounder of Will - No explanation offered for such long delay - Scribe cum attesting witness of Will though died now was examined but not cross-examined in earlier proceedings -..........
Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 31, 32 -- Dishonour of cheque - Offence by Company - Proceedings under Insolvency Code - (a) After passing of the resolution plan u/s 31 of the IBC by the adjudicating authority & in the light of the provisions of S.32A of the IBC, the criminal proceedings u/s 138 of the NI..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An erroneous view of law is not a ground for review and Court cannot rehear and correct an erroneous judgment by way of review...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of encroachment - Court while directing to remove encroachment does not state on what basis Court has arrived at conclusion that there had been an encroachment - There is nothing forthcoming to prove that defendant had caused any encroachment - Impugned order set aside -..........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Commission of any offence or leveling allegations of commission of offence is not sufficient to freeze the accounts of a person except as permissible under law - Freezing of accounts is not permissible for infinite period particularly when property is neither a suspected stolen property nor there is..........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Execution of decree by sending J.D. to civil imprisonment - D.H. did not produce any evidence to establish that J.D. has means to discharge the decree amount, except pleading that he is an Advocate - Execution petition rightly dismissed - However, DH is at liberty to file fresh execution petition as per law...........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of clothes and weapon - Trial Court disbelieved the recovery on two grounds that there was no memorandum statement of accused as required u/s 27 of Evidence Act and recovery of knife was from an open place accessible to one and all - Approach adopted by trial..........
Will -- Probate - Will executed in favour of applicant to collect rent - However, entire property under Will bequeathed to wife of testator - Execution and attestation of Will proved as per law - Mere presence of applicant at the time of preparation of Will cannot be held to be taking prominent part in preparation of Will - No evidence produced on record to prove that..........
Indian Penal Code, 1860, Section 363, 376(2)(i), 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 5(m), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2) -- Juvenile - Offence u/ss 363, 376(2)(i), 302, 201 IPC, Ss.5(m), 6 of POCSO Act - Death sentence - Conviction could be tested and the conviction which was recorded..........
