Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand of case by First Appellate Court - Trial Court not disposed of suit on preliminary issue without recording evidence and giving its decision on rest of issues - First Appellate Court instead of remanding case to trial Court decided matter on basis of evidence on record - Judgment and decree of first Appellate court set..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 506, 201, 120B, Criminal Procedure Code, 1973, Section 197, 482 -- Cheating - Quashing of proceedings - Applicant Principal of Primary Education Institution - Allegation that applicant helped father of accused of a rape case by changing date of birth in transfer certificate of minor victim - As regarding sanction..........
Passport Act, 1967 - - Fresh passport - Issue of - Endorsement of words Emigration Check Not Required (ECNR) - Plea of respondent that payment of advance tax by petitioners does not show actual payment of tax - Will not survive in the light of final assessment orders which establish payment of income tax...........
Passport Act, 1967 - - Fresh passport - Issue of - Endorsement of words Emigration Check Not Required (ECNR) - Perusal of income tax verification forms and intimation received by petitioners u/s 143(1) of Income Tax Act shows that petitioners are income tax payees and had paid income tax for last one year - Therefore, they fulfilled condition and are entitled for..........
Criminal Procedure Code, 1973, Section 154 -- Zero FIR - Directions issued to Commissioner of Police Delhi that: (i) to issue circular/standing order to all Police Stations in NCT Delhi and all concerned that if complaint of cognizable offence is received in a Police Station and occurred in jurisdiction of other Police Station in that case, Zero FIR shall be lodged by..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Where case involving issues such as of privacy of complainant/witness or his/her identity, Court may be justified in providing only inspection thereof to accused and his/her lawyer or expert for presenting effective defence during trial - Court may issue suitable directions to balance..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(2)(v) -- Rent and eviction - Non use of tenanted premises - In order to come to conclusion as to whether tenant has ceased to occupy premises 12 months prior to filing of eviction petition, one would essentially be required to discuss evidence that was led by parties not only at time when issues were framed by Rent..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 341, 452, 506 -- Bail - Rape - Nothing suggestive from FIR of any act of rape committed by petitioner and there are only general and vague insinuation bereft if any details - Even, photographs on record are suggestive of a consensual relationship - More so, there is nothing corroborative..........
Arbitration and Conciliation Act, 1996, Section 16, 11 -- Issue of limitation - It is a jurisdictional issue, which would be required to be decided by arbitrator u/s 16 of the Act and not High Court at pre-reference stage u/s 11 of the Act...........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Issue of limitation raised to oppose appointment of arbitrator - Said issue being jurisdictional issue cannot be decided by High Court at pre-reference stage u/s 11 of the Act - Issue of limitation be decided by arbitral Tribunal - Former Judge of Supreme Court thus, appointed as Sole..........
