Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Court can suo motu order further investigation - Officer in charge of police station is empowered to conduct further investigating after informing Court and seeking formal permission - Formal permission of Court is only for the purpose that matter pending before Court is stayed till further final..........
Agreement to sell -- Parties intending to execute a formal document - In some cases even if a formal agreement is not later on entered into even then agreement to sell executed, when complete in itself, can be enforced in law - However, where facts and circumstances of the case, as reflected from the document, itself and/or the surrounding circumstances or actions of the..........
Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice is necessary u/s 106 of TPA for filing a suit for eviction under general law - Filing of suit itself amounts to a notice...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 6A, Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice served upon tenant regarding termination of tenancy - Held, where parties were already in litigation in previous suit on same cause of action which was later dismissed - There is no..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points of determination - Non-compliance of provisions of O.41.R.31 CPC may not result in vitiation of judgment - If substantial compliance of provision of O.41.R.31 CPC has been made and actually point of determination has been taken and decided, then mere formal no,..........
Evidence Act, 1872, Section 74, Right to Information Act, 2005, Section 22 -- Certified copy - True copies of public documents certified by designated Information Officer under RTI Act, can be taken as certified copies of public documents if the original satisfies the definition of public document and no formal proof of the same is required...........
Criminal Procedure Code, 1973, Section 294, Evidence Act, 1872, Section 3 -- CD - It is also a document - Where genuineness of any document is admitted, or its formal proof is dispensed with, the same may be read in evidence - Admission or denial on a document need not to be personally from the accused or complainant or the witness - Endorsement of admission or denial by..........
Criminal Procedure Code, 1973, Section 294, Evidence Act, 1872, Section 3 -- CD - It is also a document - Where genuineness of any document is admitted, or its formal proof is dispensed with, the same may be read in evidence - Admission or denial on a document need not to be personally from the accused or complainant or the witness - Endorsement of admission or denial by..........
Indian Penal Code, 1860, Section 363, 366, 368, 376, 380, 506 -- Kidnapping and rape - Accused acquitted viz: (i) inordinate delay in lodging FIR unexplained, which raises doubt on credibility of prosecution case and chance of false implication; (ii) All witnesses except formal witnesses produced by prosecution are interested hence, their evidence cannot be relied upon;..........
Service -- Amalgamation of banks - Hindustan Commercial Bank (HCB) amalgamated with Punjab National Bank (PNB) - Re-opening of enquiry by PNB - Validity - Delinquent employee was involved in large number of irregular transactions in HCB - There were certain transactions which were not inquired by HCB - Due to amalgamation HCB could not take any decision one way or the..........
