Indian Penal Code, 1860, Section 376 -- Rape - Complainant turning hostile - Courts to direct prosecution to initiate proceedings u/s 182 IPC where complainant turns hostile in Court or direct administration to initiate disciplinary action against police authority for submitting frivolous charge sheets in Courts...........
Allotment of plot -- Demand of additional price - Allotment letter shows that additional price can be demanded in case there is enhancement in cost of land awarded by competent authority under Land Acquisition Act - Admittedly, land for allotment was never acquired - No illegality committed by Court below in setting aside demand of additional price of plot...........
Service -- Misconduct - Dismissal - Order of dismissal was passed by Commissioner - Commissioner was authorized to take action against any officer with regard to lapses and/or negligence on the part of officers in various works and purchases but not otherwise - Decision of Commissioner was placed before General Board and General Board ratified the decision of Commissioner..........
Agreement to sell -- Specific performance - Suit land was already acquired and possession is taken over by competent authority and award was passed - Civil Court thus, has no jurisdiction - Specific performance of contract was not possible - Order decreeing suit set aside - Matter remanded to trial Court...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Law as to : (a) Without completing the investigation of a case, a charge-sheet or prosecution complaint cannot be filed by an investigating agency only to deprive an arrested accused of his right to default bail u/s 167(2) Cr.P.C.; (b) Such a charge-sheet, if filed by an investigating authority without first..........
Criminal Procedure Code, 1973, Section 482, 197 -- Sanction for prosecution - Quashing of proceedings - Assertion in complaint that police officials without any authority entered the house and committed the alleged offences - At the stage of taking cognizance it cannot be concluded that acts allegedly done were committed while acting or purporting to act in the discharge..........
Legal Services Authorities Act, 1987, Section 21 -- Modification of compromise decree passed by Lok Adalat - Once parties report settlement and award is passed by Lok Adalat, it becomes functus officio and any aggrieved party has to seek redressal of his grievance by approaching a writ Court u/art 226 of Constitution - Modification of compromise decree by Legal Services..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Possession of land was taken over by Authority - One of conditions was satisfied - Acquisition proceedings do not lapse...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14(2), Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Offence under SC/ST Act - High Court cannot entertain an application u/ss 438, 439 Cr.P.C for an offence under SC/ST Act as authority has been taken away from High Court impliedly by S.14-A(2) of SC/ST Act which makes High..........
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..........
