Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 9(f), 9(k), 9(m), 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Cancellation of bail - Outraging modesty of minor girl by her teacher - Victim aged about 11 years is an intellectual..........
Income Tax Act, 1961, Section 43B(f) -- Constitutional validity of S.43-B(f) of the Act - S.43-B(f) of the Act fits into the scheme and shares sufficient nexus with broad objective - Finding of High Court that said provisions invalid because of inconsistency of Clause (f) with other clauses of S.43-B of the Act and absence of nexus with S.43-B of the Act is erroneous and..........
Limitation Act, 1963, Article 65, 66, 67, Transfer of Property Act, 1882, Section 111, Evidence Act, 1872, Section 62, 64 -- Suit for possession by landlord - Plea of limitation by tenant on basis of notice served by landlord in proceedings before Reference Court - Notice not produced by tenant in suit for possession either in form of primary evidence or secondary evidence..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Closure of plaintiffs evidence without deciding application U.O.11.Rr.12, 14 CPC is clearly erroneous - Moreover, closing of evidence has a completely disproportionate consequence of plaintiffs evidence not being led with right of plaintiffs to their property being severely jeopardized -..........
Civil Procedure Code, 1908, Order 21, Rule 17(1A) -- Execution - Money decree - Decree provided that plaintiff is entitled to consequent relief of realizing his withheld amount of Re-investment plan (RIP) of Rs.51097 - Entire controversy hinges in respect of said direction made in decree - Whether realization of withheld amount of RIP of Rs.51097 would mean merely a sum of..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Jurisdiction - Quashing of proceedings - Question of lack of jurisdiction and delay in submitting complaint has to be agitated in the trial Court - Filing of complaint in Court at place `L' does not appear to be wrong or erroneous - It does not come out..........
Erroneous decision -- An erroneous decision by a proper forum, unless assailed before a superior forum will attain finality inter parties...........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide necessity - Tenant has not able to show that finding returned by Rent Controller that accommodation available with landlord is short and does not satisfy need of entire family is erroneous - Order of eviction upheld...........
Stamp Act, 1899, Section 47A -- Deficient stamp duty - Assessment - Land in question has potential of being used for no, agricultural purposes - There is no document in the form of comparable sale deed of any property in the vicinity - Burden to prove that market value of property is more than that disclosed in the sale deed is to be discharged by State, which State has..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Jurisdiction of High Court u/s 439 Cr.P.C is limited to grant or not to grant bail pending trial - However, Single Judge has collated data from State and made it part of order after decision of bail application as if Court had inherent jurisdiction to pass any order under guise of improving criminal justice system in..........
