Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Mere mentioning by any of parties in sale deed or in rent deed that property is situated outside municipal limits would not change effect of legal provisions applicable upon parties and that there should be no estoppel against the law...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Victim is not a necessary party to appeal from conviction of offences against woman or child - Procedure to be adopted: (i) In cases where over and above assistance of Public Prosecutor representing State, appellate Court deems it necessary to provide further assistance to secure interest of victim..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for permanent injunction - Death of sole defendant - Legal representatives brought on record - There are no allegations against legal representatives and there is no prayer in the civil suit qua them - Suit cannot proceed - Plaint rejected...........
Central Goods and Services Tax Act, 2017, Section 7, 9 -- Exemption of advocates from payment of service tax/GST - Continued issuance of notices by Department calling upon them to pay GST, is harassment - Directions issued to Commissioner GST to instruct all officers that no notice will be issued to practising advocates rendering legal services and falling in the negative..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Death of defendant - Substitution of LRs - Legal representatives of deceased defendant were not required to be brought on record as he was representing estate of his father/original defendant - Original defendant not chosen to contest the suit by filing written statement and his estate otherwise was adequately represented..........
Hindu Succession Act, 1956, Section 15(1)(A) -- Property of female Hindu dying intestate - Succession - Husband of deceased is the only person who can be included in Class I of Scheduled to the Act, thus, entitled to her property - Turn of mother of deceased as legal heir can arise only in absence of class I heirs - Legal heirship certificate to the extent it includes..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Admittedly, accused has not led any defence evidence - Considering nature of transactions between parties and read with presumption u/s 139 of the Act that cheque was issued against discharge of existing debt or other liability, plea of accused that cheque was issued by way of..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Legal Representation - Permission to file affidavit of LR as plaintiff - Once plaintiff had filed affidavit and he was even partly cross-examined and thereafter he closed his evidence, LR who stepped into shoes of plaintiff after his death cannot file another..........
Custody of child -- Writ of habeas corpus - Proceedings in the nature of habeas corpus may not be used to examine question of custody of a child - Power of High Court in granting a writ in child custody matters may be invoked only in cases where detention of a minor is by a person who is not entitled to his/her legal custody...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Sent to one `V' and `S' - Both of them neither drawer of cheque or accused in the complaint case and for this reason alone it must be held that legal notice was not properly addressed and sent to accused - Accused rightly held, not guilty of offence u/s 138 of the Act...........
