Criminal Procedure Code, 1973, Section 190 -- Taking of cognizance - Meaning - Held, it means to take notice judicially - It means Magistrate's applying mind to offence alleged for purpose of proceeding in a particular way - It is a judicial function - Magistrate may accept the report as it is and take cognizance with regard to alleged offences or he may take cognizance..........
Civil Procedure Code, 1908, Section 115 -- Proviso `Final disposal of suit' - Meaning - Means not the Court wise disposal but suit wise disposal and that too disposal according to law...........
Punjab Land Revenue Act, 1887 -- Appeal - Exercise of power - Held, very purpose of preferring appeal to higher forum will be lost if higher forum can only consider in case of rival candidates whether particular decision taken by appointing authority was justified or not - Point for consideration in appeal or revision which ought to include power of re-appraisal cannot be..........
Indian Penal Code, 1860, Section 376,90 -- Rape - Misconception of fact - Sexual relation on false promise of marriage resulting in birth of child - Accused did not give his blood for DNA test to ascertain paternity of child - Adverse inference may be easily drawn against accused - No evidence that victim was girl of easy virtue or had chance of being pregnant through any..........
Rajasthan Rent Control Act, 2001, Section 9(i) -- Eviction - Bona fide necessity - Term `family' - Meaning of - Held, term `family' as used in S.9(j) has to be given a wider meaning so as to include even wife or widow of any male family members...........
Constitution of India, 1950, Article 246 -- Expression "law with respect to" - Meaning of - Distinct from law affecting a subject matter...........
Negotiable Instruments Act, 1881, Section 138(b), 142(b) -- Dishonour of cheque - Oral information regarding - Whether constitute `cause of action' - Statement made in complaint petition only to effect that as soon complainant got information about dishonour of cheque, he rushed to accused and informed him about dishonour of cheque, where upon accused asked complainant to..........
Judges (Protection) Act, 1985, Section 2, Indian Penal Code, 1860, Section 19 -- Whether the Regional Provident Fund Commissioner while passing an order u/s 7A is a Judge within the definition of S.19 IPC & S.2 of the Judges (Protection) Act, 1985? - Held, though the Officer who passes an order u/s 7A is not termed as a "Judge", he falls within the definition of S.19 of..........
Protection of Women From Domestic Violence Act, 2005, Section 2(a) -- Definition of "aggrieved person" - Held, it does not admit a "divorcee" within the meaning of "aggrieved person"...........
Revenue record -- Gair Marusi - Meaning thereof - Entry in revenue record depicting possession of occupant as gair-marusi does not imply that possession is as tenant - Expression gair marusi is recorded in revenue record when proper capacity of occupant is not known to revenue official - Whether occupant is tenant or not can be ascertained from entry in column of rent...........
