Haryana Ceiling on Lands Holdings Act, 1972, Section 18(6) -- Surplus area - Revision - Delay of 11 years - Exercise of suo moto powers - Validity - Held, no, fixing of upper limit for exercising suo motu powers will not confer unfettered rights to revisional authority to exercise this power at any moment of time accordingly to his whims - Suo motu powers cannot be..........
Civil Procedure Code, 1908, Section 96(3), Civil Procedure Code, 1908, Section 96(3), Order 22, Rule 3 - - Compromise decree - Appeal against - Maintainability - Held, when on a dispute as regards legality and validity of a compromise being raised, an inquiry is made in view of proviso to O.23.R.3 of the Code and suit is decreed on basis of a compromise based on that..........
Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982, Section 8, Constitution of India, 1950, Article 22(5) -- Detention order - Validity - Detention order passed on 28.01.2013 - Booklet served on detenu only on 03.02.2013 which is beyond the period of 5..........
Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982, Section 8, Constitution of India, 1950, Article 22(5) -- Detention order - Validity - Non-application of mind - Detaining authority passed order of detention on a mere supposition that mother of..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape - Acquittal - Validity - Accused persons alleged to have gang raped prosecutrix in hotel room - Discrepancy between testimony of prosecutrix and medical report regarding her virginity - No marks of injury found on her private parts - Doctor opined that her vagina and hymen old torn - Doctor also opined that no..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Conviction - Validity - Accused persons alleged to have killed deceased by strangulating him with help of lathi - Incident occurred in a dark night - Theory of holding torch by witness appears to be inserted in his Court evidence as same did not find place in case..........
Evidence Act, 1872, Section 32, Criminal Procedure Code, 1973, Section 161 -- Dying declaration - Validity - Deceased had sustained grievous injuries on vital parts of his body - His statement was recorded by Investigation Officer u/s.161 Cr.P.C. - Deceased succumbed to injuries after about 24 hours - Doctor opined that in spite of nature of injuries sustained deceased was..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused to repay loan advanced by complainant and her husband got dishonoured - Accused did not deny execution of cheques - No tenable explanation was offered by accused why no reply was sent to notice - His only case is that he was caused to execute cheques..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Ejectment - Appeal - Additional evidence - Appellate Authority allowed application filed by landlady U.O.41.R.27 CPC for examination of her son as witness - Validity - Appellate Authority itself observed in impugned order that landlady had projected need of her son who was stated to be not keeping good health and had..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Examination of witnesses - Denial of - Validity - Prayer for tendering affidavits of witnesses declined - Trial Court granted last opportunity to examine remaining evidence - Defendant No.2 literally tried to exhaust plaintiff by cross-examining her attorney PW1 in parts and on a number of occasions - PWs.5 and 6 tendered..........
