Limitation Act, 1963, Section 29(2) -- Applicability of S.29(2) of the Act is with regard to different limitations prescribed for any suit, appeal or application to be filed only in a Court, not before statutory authorities and tribunals provided in a special or local law...........
Income Tax Act, 1961, Section 260A(3) -- Appeal - Non-framing of substantial question of law by High Court as mandatorily required u/s 260-A(3) of the Act - High Court not decided the appeal in accordance with law - Impugned order of High Court set aside - Matter remanded to High Court for fresh hearing on merits...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Oral dying declaration - Murder - Allegation against niece of deceased - Oral dying declaration of deceased recorded before PW2, PW3, PW4 and others - Said declaration is clearly an afterthought, inasmuch as same was brought up before trial Court for first time - PWs not made any statement relating to..........
Indian Penal Code, 1860, Section 498A, 323, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry demand - Quashing of proceedings - Allegation against father-in-law - Specific allegations against father-in-law supported by complainant and his two witnesses in the evidence is on record - At this stage of summoning of accused, Court cannot pronounce as to..........
Civil Procedure Code, 1908, Section 80 -- Notice - Absence to mention provision of law - No requirement to mention provision of law so long ingredients of S.80(3) CPC are met...........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Cause of action sufficiently set out in notice - It was also made clear that though a Writ Appeal at that point of time was going to be filed against the Writ Petition dismissal, yet this would be a notice to take "appropriate legal action" - More than two months elapsed from the date of issuance of notice,..........
Syndicate Bank (Employees') Pension Regulations, 1995 -- Clause.22(2) - Denial of pensionary benefits - Interruption in service - Forfeiture of past service - Appellant initially joined as Law Officer in Bank, and while on deputation appointed as Presiding Officer, DRT - No Objection Certificate was obtained from Bank by appellant - Fact that appellant did not report back..........
Hindu Law -- Ancestral property - Alienation by Karta for legal necessity - Once it was held that sale of suit property was made by Karta and it was made for legal necessity and benefit of family, same was binding on all members of family including plaintiffs/sisters...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration by sisters - Sale of property by Karta/brother - Suit in question was apparently a collusive suit filed at the behest of Karta through his sisters and family members to avoid execution of a valid decree passed in favour of purchasers/defendant nos.1 and 2 - Suit property sold by Karta for legal necessity thus,..........
Criminal Procedure Code, 1973, Section 432, 433 -- Premature release - Offence u/ss 302, 307 IPC - Petitioner convicted on 3 counts for offence u/s 302 IPC and on 4 counts for offence u/s 307 IPC and in relation of which he has been given life imprisonment on each count - Question as to whether petitioner should be granted remission and premature release in respect of all..........
