Consumer Protection Act, 1986, Section 2(1)(b) -- Flat allotment - Price enhancement - Writ petition filed by the respondent allowed by single Judge of High Court - In LPA filed respondent neither made party nor LPA filed in writ petition filed by him - The respondent will be governed by the order of the Single Judge - The judgment passed by LPA bench is judgment in..........
Evidence Act, 1872, Section 41 -- Words and phrases - Judgment in rem - Judgment in personam - Phrases explained...........
Guardians and Wards Act, 1890, Section 7, 12, 25, Hindu Minority and Guardianship Act, 1956, Section 13, 6 -- Minor - Custody - A Court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents - In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Application U.O.9.R.7 - Not maintainable when filed at the stage when arguments have been completed and suit is pending for pronouncing judgment...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Application U.O.9.R.7 CPC filed at the stage when suit was pending for pronouncing judgment - Change of Presiding Officer who fixed for hearing arguments - Defendants counsel could not appear due to illness - Cause pleaded for setting aside exparte order was good cause - Application filed within 17 days from date of proceeding..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction in sentence - Court has to record adequate and special reasons in the judgment and not fanciful reasons which would permit the Court to impose a sentence less than the prescribed minimum - Adequate and special reason depends upon several factors - No strait-jacket formula can be indicated...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Acquisition of land for development of Industrial Sector No.58 - Entire discussion by Reference Court related to land acquired for development of Industrial Sector No.59 - In matters of valuation, Court are required to consider relevant sale instances - Impugned judgment set aside - Matter remitted..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Suit for specific performance with alternative prayer to return advance amount - Security is to be furnished for the money portion of the decree claimed and not for the market value of the property agreed to be sold...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Appeal against - Powers of appellate Court - Judgment of acquittal can be reversed when there are substantial and compelling reasons when conclusions of trial Court are palpably wrong or decision is based on erroneous view of law or when judgment is likely to result in 'grave miscarriage of justice' or approach of..........
Civil Procedure Code, 1908, Order 8, Rule 1, 5, 10 -- Written statement - When not presented within time permitted or fixed - Two options with Court are either to pronouncement judgment or to make such order in relation to the suit as it thinks fit - Court in its discretion can choose either of the two options - In exercising such a discretion Court has necessarily to be..........
