Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Imposition of condition by High Court directing appellant to pay Rs.4000 pm as maintenance to informant was not merited - Same is accordingly set aside and quashed - However, appellant is bound to remain available and face trial as required by law...........
Evidence Act, 1872, Section 138 -- Cross examination of witness exceeded 12 hours - Extension of time for further cross examination - Tribunal held that full and sufficient opportunity to cross examine witness is already given and no further extension of time is warranted - There is no justification in the order passed by High Court in interfering with the directions of..........
Stamp Act, 1899, Section 47A, Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968, Section 47A(6) -- Market value of property - Provisional order - Collector is obligated to communicate the provisional order to parties concerned in respect of fixation of correct value of property and also the duty payable in Form II - However, after the issue of Form..........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Corporate Insolvency Resolution process (CIRP) - Writ jurisdiction - CIRP proceedings commenced on 26.10.2018 and resolution plan was approved in 2020 - However, jurisdiction of High Court interdicting CIRP was invoked only in 4.1.2023 - Time gap between these two events is almost three years - Initiation and continuation..........
Andhra Pradesh Assigned Lands (Prohibition of Transfer) Act, 1977, Section 3 -- Resumption of assigned land - Assignment of subject land was under the revised assignment policy - No material produced by petitioners and discussed by High Court to show that assignment of subject lands was on collection of market value - Judgment of High Court is founded on misconception that..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Death of parents - Monthly income of deceased - Accident occurred in the year 2007 and the father of appellant who claimed to had been running a jewellery shop, was aged only 48 years at the time of accident and mother of appellant was aged only 38 years at the time of accident and she was also not a mere..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Death of brother - Deceased was 10 years old or thereabouts at the time of his death - Quantum of compensation Rs.2,45,000 as granted by Tribunal was rightly enhanced by High Court in the appeal to Rs.5,00,000 in terms of the decision in Kishan Gopal...........
Constitution of India, 1950, Article 226 -- Quashing of criminal proceedings - High Court can quash criminal proceedings by invoking of extraordinary power u/art 226 of Constitution...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court while exercising its jurisdiction u/art 226 of Constitution, cannot re-appreciate evidence and arrive at a finding of facts unless the authorities below had either exceeded its jurisdiction or acted perversely...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - S.100 CPC confers a limited jurisdiction on the High Court to deal only with any legal error apparent on the face of record...........
