Hindu Succession Act, 1956, Section 15 -- Property of female Hindu dying intestate - If a female Hindu dies intestate without leaving any issue, then property inherited by her from her father or mother would go to heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Applicability of Act - 2013 Act would not regulate the acquisition proceedings made under BDA Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused raised defence during cross examination of complainant, the foundation of which was not laid in the reply to legal notice served after dishonour of cheques - Moreover in this case accused chose not to examine himself - Defence witness not succeeded in rebutting the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - Offence u/s 307 IPC cannot be compromised - However, High Court can exercise its jurisdiction to quash FIR on the basis of compromise in cases where victim has not received any fire arm injury or the facts and..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 326, Arms Act, 1959, Section 25, 27 -- Attempt to murder - Compromise - Quashing - In an offence u/s 307 IPC where victim has received fire-arm injury and violation of the provisions of Arms Act has also been alleged, the same cannot be quashed on the basis of compromise between parties...........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 10, 12 -- Anticipatory bail - At the instance of child in conflict with law - Not maintainable - Child in conflict with law cannot be arrested - Since there is divergence of opinion between co-ordinate Benches of the High Court, as such a request is made to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, 109, 114, 506, 294A, Dowry Prohibition Act, 1961, Section 3, 5, 7 -- Quashing of FIR - Cruelty - Dowry demand - Complainant specifically alleged in complaint that six months after the marriage, accused started harassing and demanding dowry from her - Specific instances regarding..........
Custody of wife -- Writ of habeas corpus by husband - Corpus is minor and has been sent to protection home under a valid order of Child Welfare Committee in terms of JJ Act - Validity of an order passed by Child Welfare Committee under JJ Act cannot be examined in a writ of habeas corpus - Writ petition dismissed...........
Custody of wife -- Writ of habeas corpus by husband - Corpus is minor and has been sent to protection home under a valid order of Child Welfare Committee in terms of JJ Act - She is not under any kind of illegal confinement - Moreover, corpus being minor, no other than her parents can stake a claim for her custody - Writ petition dismissed...........
Trade Marks Act, 1999, Section 29(2)(c), (3) -- Infringement of trademark - Relief of permanent injunction - Appellant`s trademark `RENAISSANCE' is registered under Class 16 and Class 42, which deals with hotels and hotel related services and goods - Respondent`s trademark `SAI RENAISSANCE', was also in relation to Class 16 and Class 42 - Therefore, RENAISSANCE and SAI..........
