Constitution of India, 1950, Article 226, Foreign Liquor (Compounding, Blending and Bottling) Rules, 1975, Rule 28A, Kerala Abkari Shops Disposal Rules, 2002, Rule 7(11)(vii) -- Order of State Government allowing sale of IMFL on first day of English Calendar - Proviso to R.7(11)(vii) of Rules allows toddy shops to function of first day of English Calendar - Challenge..........
Foreign Exchange Regulation Act, 1973, Section 31(1) -- Restrictions on acquisition, holding etc. of immovable property in India by a person who is not citizen of India - Plaintiffs could not have purchased any immovable property situated in India without seeking prior permission of Reserve Bank of India - Even a joint venture company could not have purchased the same..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Object of COFEPOSA - Delay in issuing detention order - Held, COFEPOSA intends to deal with persons engaged in smuggling activities who pose a serious threat to economy and thereby security of nation - Such persons by virtue of their large resources and influence cause delay..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- COFEPOSA - Preventive detention - Validity - Prejudicial activity which prompted sponsoring authority to recommend for detention of detenu under COFEPOSA had taken place on 17th of November, 2012 - Allegation related to export of red sanders through International Container..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- COFEPOSA - Preventive detention - Detention order passed on 6.5.2013 and served on 11.6.2013 - Held, detention order cannot be said to have been vitiated on this ground...........
Indian Penal Code, 1860, Section 302 -- Murder - Sentence - Accused convicted for committing murder of young girl of foreign country and burying her dead body in his house - Nothing on record to show as to in what manner crime was committed - Held, case will not fall under category of rarest of rare case - Death sentence commuted to life imprisonment - Award of 20 years..........
Civil Procedure Code, 1908, Section 13 -- Foreign judgment - Not conclusive as to any matter directly adjudicated upon between the parties if : (a) it has not been pronounced by a court of competent jurisdiction; (b) it has not been given on the merits of the case; (c) it is founded on an incorrect view of international law or a refusal to recognize the law of India in..........
Civil Procedure Code, 1908, Section 13, 11, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 13 -- Divorce - Foreign judgment - Rejection of plaint on grounds u/ss 11 & 13 CPC - Principles summarized with a word of caution that they should be applied on a case to case basis...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of a foreign national as third and presiding arbitrator - Apprehension of lack of knowledge of Indian Laws - Held, parties have already appointed one retired CJI each - Apprehension speculative...........
Expunction of remarks -- Expunging remarks against Advocate - While deciding lis conduct of counsel not to be commented upon nor mala fide should be imputed against the counsel who is an Officer of Court - It is within jurisdiction of trial Court to decide the lis in accordance with law but not to introduce foreign matter not contemplated in pleadings - All references..........
