Criminal Procedure Code, 1973, Section 156, Constitution of India,1950, Article 21 -- Fair investigation - Is a sine qua non of Art. 21 of Constitution - Wherein investigation has to be unbiased, and without any prejudice for or against accused because if same is partial and unfair then whole criminal justice system will be at stake and same will erode confidence of common..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that deed of cancellation of gift deed and deed of transfer is invalid, null and void - Donor had no authority to revoke gift deed - Hence, subsequent documents i.e transfer of property were in themselves without authority and null and void - Declaration was only incidental to title and possession of..........
Land Acquisition Act, 1894, Section 23(1A), (2), 28, National Highways Act, 1956, Section 3J -- Compulsory acquisition of land - Compensation - Solatium and interest - Provision of Land Acquisition Act relating to Solatium and interest contained in Ss.23(1A), (2), 28 Proviso of the Act, will apply to acquisitions made under National Highways Act - Consequently, S.3J of..........
Limitation Act, 1963, Article 137, 62, Insolvency and Bankruptcy Code, 2016, Section 7, 0 - - Application u/s 7 of I&B Code - Art.62 of Limitation Act would only apply to suits - Present case being an application filed u/s 7 of I&B Code, would fall only within residuary Art.137 of Limitation Act - Art.62 of Limitation Act thus, not applicable...........
Limitation Act, 1963, Article 137, Insolvency and Bankruptcy Code, 2016, Section 7 - - Limitation - Application u/s 7 of I&B Code - Right to sue accrued in and from 2011 - Limitation to file application is 3 years, as Art.137 of Limitation Act is applicable to case - Since three years having elapsed in 2014, application filed in 2017 is time barred...........
Punjab Value Added Tax Act, 2005, Section 65(5) - - First Appeal - Condition of 25% pre-deposit for hearing of first appeal is not onerous, harsh, unreasonable and violative of Art.14 of Constitution...........
Constitution of India,1950, Article 227 -- Quashing of summoning order - Power u/art 227 of Constitution is of judicial superintendence which cannot be used to upset conclusion of facts, howsoever erroneous those may be, unless such conclusions are so perverse or so unreasonable that no Court could ever have reached them...........
Constitution of India, 1950, Article 226 -- Equitable relief - Where petitioner not only obtained loan by playing fraud on Bank but has not repaid loan amount, then Court may refuse to entertain petition u/art.226 of Constitution for the simple reason that he who seeks equity must do equity - Thus, not only petitioner had suppressed material facts in writ petition but at..........
Major Port Trust Act, 1963, Section 52 - - Circular 1998 - Storage of cargos - Unauthorized occupation of space - Levy of penalty - Circular stipulated levy of penalty by prescribing that any storage beyond a period of 60 days would be treated as unauthorized - Circular had brought uniformity, clarity and transparency in use of storage facilities in Port, as there was..........
Allotment of plot -- Allotment price - Delayed payment - Interest - Cause of allotment of plot is Hospital - Therefore, in exercise of jurisdiction u/art 142 of Constitution, interest for period from date of filing of writ petition before High Court till date of order of Supreme Court shall not be charged from respondent provided respondent pays entire balance sale..........
