Environment (Protection) Act, 1986, Section 3, Environment (Protection) Rules, 1986, Rule 5, Constitution of India, 1950, Article 48A, National Green Tribunal Act, 2010, Section 14(2), (3), 15(1)(a), 17(1), 29 -- Sch.I, II, - Order of Penalty - Jurisdiction of National Green Tribunal (NGT) - Hill collapsed which took life of mother and daughter - Mining lease covered area..........
Maharashtra Regional and Town Planning Act, 1966, Section 154, National Green Tribunal Act, 2010, Section 15(1)(b), (c), 14, 16, 17 -- Control by State Government - Validity of notification/direction issued by State Government that development was impermissible in area abutting `hills' up to 100 feet - Direction neither premised on any Central or State Government..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law - Claim from father-in-law after death of husband - Father-in-law would be obliged under law to maintain widow daughter-in-law only when all other sources of income as stated in S.19(1) of the Act are closed and not available - In order to get maintenance from father-in-law,..........
Hindu Adoptions and Maintenance Act, 1956, Section 19 -- Maintenance to widow daughter-in-law - Claim from father-in-law after death of husband - Widow daughter-in-law though pleaded and proved that she is unable to maintain herself out of her own earning or other property, but there is no specific pleadings much less evidence to fulfill statutory conditions enumerated in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 18 NDPS Act - Cultivation of opium plants - Contraband found in opium plants fall in intermediate quantity - Rigors of S.37 of NDPS Act not applicable - Petitioner joining and co-operating in investigation - He is not in a position..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 452, 506, 323, 34 -- Bail - Rape - Victim was not alone in the house on the date of incident and her daughter-in-law was sleeping on ground floor - No hue and cries made by victim - Story put forth by victim is highly improbable, as medical evidence does not support prosecution case - Victim..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC is applicable to appeal filed u/s 108 r/w O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Application decided at a stage prior to consideration of appeal on merits - Satisfaction that proposed additional evidence was required for deciding appeal in a satisfactory manner by Appellate Court not manifested in impugned order of..........
Criminal Procedure Code, 1973, Section 482, 177, 178, Indian Penal Code, 1860, Section 498A, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Lack of territorial jurisdiction - Allegation of thrashing and abusing and snatching her son - Offence said to be committed within area of place `G' - Veracity of this fact is to be seen by trial Court..........
Indian Penal Code, 1860, Section 376, 506(ii) -- Rape - Prosecutrix alleged that accused committed rape on her and threatened her not to disclose the incident to anyone and consequently she became pregnant and delivered a baby boy - However, accused is excluded from being father of baby delivered by prosecutrix as per DNA report - Even, accused stated that he had no..........
