Constitution of India, 1950, Article 136 -- Special Leave Petition (SLP) - Power to grant leave u/art 136 of Constitution itself being discretionary, Court would not allow a party invoking special leave jurisdiction to bypass remedy available at the level of High Court without two situations i.e where substantial question of general importance are involved or where a..........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Stamp duty - Determination of Market value of property - Issue regarding market value of sale deed land on the date of execution of sale deed is required to be decided by permitting parties to adduce oral and documentary evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Guiding principles : (i) To reject a plaint on the ground that the suit is barred by any law, only the averments in the plaint will have to be referred to; (ii) The defence made by the defendant in the suit must not be considered while deciding the merits of the application; (iii) To determine whether a..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(3) -- Parole - Temporary/emergency parole - Decision of High Powered Committee constituted by Supreme Court, petitioner released on emergency parole - High Powered Committee specifically observed that no specific directions for not counting period of special parole towards sentence are required to be..........
Evidence Act, 1872, Section 112 -- Paternity of child - DNA test - Law as to: (a) DNA test of a minor child is not to be ordered routinely in matrimonial disputes - Proof by way of DNA profiling is to be directed in matrimonial disputes involving allegations of adultery/infidelity, only in matters where there is no other mode of proving such assertions; (b) Court would not..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Additional compensation - Challenge as to - Issue of additional compensation by making an artificial classification of land as pushtaini and Gair-pushtaini was not in existence at the time of agreement - There was thus, no occasion to challenge the same - Moreover, appellants because of their signing agreement..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - Where evidence is already adduced and a decision can be rendered on appreciation of such evidence, order of remand should not be passed remitting matter to trial Court, even if lower Court has omitted to frame issue and has failed to determine any question of fact which in opinion of appellate Court is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 384, 406, 423, 467, 468, 420, 120B -- Quashing of FIR - Offence u/ss 323, 384, 406, 423, 467, 468, 420, 120B IPC - Ingredients to attract offence and nature of allegations contained in application filed by respondent would undoubtedly make it clear that respondent had failed to make specific..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 384, 406, 423, 467, 468, 420, 120B -- Quashing of FIR - Offence u/ss 323, 384, 406, 423, 467, 468, 420, 120B IPC - Ingredients to attract offence and nature of allegations contained in application filed by respondent would undoubtedly make it clear that respondent had failed to make specific..........
Arbitration and Conciliation Act, 1996, Section 34(2)(a) -- (Prior to amendment) - Arbitral award - Evidence by way of affidavit - In exceptional cases and if it is brought to Court on matters not containing record of arbitrator that certain things are relevant for determination of issue arising u/s 34(2)(a) of the Act, then party who has assailed award on the grounds set..........
