Land Acquisition Act, 1894, Section 23 -- Acquisition of land - High Court set aside order of Deputy Collector solely on the ground that orders were passed by Deputy Collector without jurisdiction and therefore same is coram non-judice - However, Deputy Collector was directed to take a fresh decision pursuant to order passed by Division Bench - High Court therefore, ought..........
Constitution of India, 1950, Article 226 -- Education - Power of re-evaluation of answer sheets - In absence of any regulation for re-evaluation of answer scripts, High Court was not at all justified in ordering re-evaluation of answer sheets - Order of High Court set aside...........
Constitution of India, 1950, Article 226 -- Banking law - One Time Settlement Scheme (OTS) - Extension of time to make payment of balance amount under Scheme - Directing bank to reschedule the payment under OTS Scheme and granting extension of time would tantamount to rewriting contract which is not permissible while exercising powers u/art 226 of Constitution - Order..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) -- Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of N.I. Act is not entitled to file an appeal against acquittal according to provision of S.372 Cr.P.C rather he may prefer an appeal before High Court invoking provision of S.378(4) Cr.P.C...........
Indian Penal Code, 1860, Section 302, 396, 364, 147, 149, 120B, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Accused made extra judicial confession through an inland letter addressed to PW19 - However, prosecution has not examined handwriting expert for proving handwritings of accused contained in inland letter allegedly..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376AB, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(w), 3(2)(v) -- Quashing of FIR - Offence u/s 376AB IPC, Ss.4, 6 POCSO Act, Ss.3(1)(w), 3(2)(v) SC & ST Act - Liability - The..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of Supreme Court Directions - Despite authoritative pronouncements and directions issued by Supreme Court copy of statement recorded u/s 164 Cr.P.C. applied for and furnished to accused - Supreme Court observed that no action for contempt jurisdiction is required to be initiated - However, Supreme..........
Rent and Eviction -- Rate of rent - Purchase of building by appellant not disputed - Erstwhile landlord issued a letter of attornment of tenancy indicating rent of Rs.3200/- p.m. addressed to tenant with a copy marked to the appellant - High Court held that this letter of attornment of tenancy was not sufficient to prove the monthly rent to be Rs.3200/- - Held, High Court..........
Arbitration and Conciliation Act, 1996, Section 34 -- Application u/s 34 of the Act - Jurisdiction of Court - Where High Court has no original jurisdiction, concerned District Court can be said to be Court - Proceedings u/s 34 of the Act against award passed by arbitrator shall lie before concerned District Court as defined u/s 2(e) of the Act...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354A(1)(i), (ii), (iv), 354A(2), 354A(3), Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9, 11 -- Anticipatory bail - Offence u/ss 354-A(1)(i), (ii), (iv), 354-A(2), 354-A(3) IPC and Ss.7, 8, 9, 11 of POCSO Act - Victim girl is traumatized to such a high degree that her..........
