Judicial propriety -- Rule of per incuriam being an exception to doctrine of precedents is only applicable to ratio of judgment - Same having impact on stability of legal precedents must be applied sparingly, when there is an irreconcilable conflict between opinions of two co-ordinate Benches...........
Succession Act, 1925, Section 372 -- Succession certificate - Exemption from furnishing surety bond - Petitioner is sole legal heir and beneficiary of his parent's estate - Since there being no objections from any quarter, is thus, exempted from furnishing a surety - Succession certificate directed to be issued expeditiously to petitioner...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 9 -- Res judicata and bar of O.9.R.9 CPC - Earlier suit dismissed in default - Prayer in both the suits are one and same - Plaintiff does not even whisper a word about his earlier suit in second suit - Though parties in both the suit are at slight variation, but defendants name that he had purchased property from..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Prosecutrix was forcibly violated by her uncle-in-law - She rushed to local Panchayat office in self same night but was turned away on plea that member were busy in meeting - Next day, prosecutrix went to police station but no complaint was received, as she was..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan transaction - Accused not denied the fact that cheque was signed by him - Loan amount was advanced on basis of personal relation - Preparation of loan documents thus, not required - Accused not entered into witness box - Version of complainant not rebutted by accused - When legal presumption..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When legal presumption is available in favour of complainant which is not rebutted, no corroboration is required to version of complainant by submitting income tax return...........
Insolvency and Bankruptcy Code, 2016, Section 43 -- `Preferential transactions and relevant time' - Since S.43(2) and 43(4) are deeming provisions, upon existence of ingredients stated therein, legal fiction would come into play; and such transaction entered into by corporate debtor would be regarded as preferential transaction with attendant consequences as per S.44 of..........
Insolvency and Bankruptcy Code, 2016, Section 43, 44 -- `Preferential transactions and relevant time' - Look-back period is two years preceding insolvency commencement date - Mortgage deeds entered between December, 2016 to May, 2017 - 09.08.2017 is insolvency commencement date - Contentions of respondents that transactions were not of creation of new mortgage deeds rather..........
Insolvency and Bankruptcy Code, 2016, Section 43, 44 -- Exception - Respondents plea of that transactions in question as preferential would result in impacting large number of transactions undertaken by bankers/financial institutions, of financing in ordinary course of their business; and consequences may be devastating and irreversible on economy - As several of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 4(1) -- Offence u/s 3 of the Act - Legal assistance - Senior Advocate of eminence can be appointed by a District Magistrate and upon his engagement, such an Advocate shall take over entire process of trial..........
