Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission against law - Where question and its answer are both a mixed question of fact and law, a so called admission against law can never be an admission as visualized U.O.12.R.6 CPC...........
Interpretation of statue -- Statutory laws operate from the date of their enforcement i.e. prospectively - In case legislature intends to make a law retrospective then such an intention of legislature must be shown clearly and unambiguously in the statute itself...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Respondent No.3 and Respondent No.4 with the able assistance of a battery of advocates in the Supreme Court and many other unknown persons had made brazen attempts to falsely implicate Respondent No.2 by filing false proceedings in the name of one `B' in the High Court and Supreme Court, by..........
Specific performance of contract -- Where the relief of specific performance of contract could not have been granted under common law, same cannot be granted to appellant in the absence of any legal right in exercise of extraordinary discretionary jurisdiction u/art 226 of Constitution...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Child in conflict with law cannot be deprived of care and protection of family for their economic status...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Report of Probation Officer states that father of juvenile is a labourer and he earns Rs.15,000 pm and his mother works as cook and earns Rs.5000 pm - Therefore, he is capable of looking after the welfare and education of his son - Juvenile is studying in Class 9 - Neighbours have..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - No question framed about lack of evidence, sub letting or incorrect appreciation of facts by Appellate Court on which the final finding of High Court is returned - More so, there is no discussion by High Court as to reasons required for departure from substantial questions of law framed at the stage..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - No evidence appears to have been led to establish that institution of criminal cases by wife was false or that no such occurrence had taken place, as both cases are disclosed to be pending - Element of cruelty alleged was not established by husband - However, wife was able to lead..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 30, 24 -- Power to search and seize records - Offence u/s 23 of the Act - Condition precedent for the search of a clinic is that Appropriate Authority must have reason to believe that an offence under the Act has been or is being committed - In the instant case, there is no..........
Demolition of property on ground of involvement in crime -- Transgression by a family member cannot invite action against other members of the family of their legally constructed residence - Alleged involvement in crime is no ground for demolition of property - Moreover, alleged crime has to be proved through due legal process in a Court of law - Court cannot be oblivious..........
