Real Estate (Regulation and Development) Act, 2016, Section 18 -- Remedy u/s 18 of the Act - Builder Buyer Agreement - Failure to deliver possession - Period for maintaining action on behalf of allottees has to be reckoned in terms of agreement and not date of registration under provisions of RERA Act...........
Criminal Procedure Code, 1973, Section 41A -- Summons u/s 41-A Cr.P.C - Proceeding to quash FIR pending before High Court - Court vide impugned order directed petitioner to appear before I.O if a fresh notice is issued u/s 41-A Cr.P.C - Since lock down restrictions have been imposed in the State, petitioner not required at this stage to comply with summons u/s 41-A Cr.P.C..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Anticipatory bail - Rape - Conduct of victim accompanying accused to her bedroom without any resistance and subsequently without any reasons running away to forest from safe custody of her maternal uncle and staying..........
Criminal Procedure Code, 1973, Section 437, 438, 439 -- Bail - Possibility of accused influencing course of investigation, tampering with evidence, intimidating witnesses, and likelihood of fleeing justice, can be taken care of by imposing elaborative conditions and stringent conditions...........
Protection of Women From Domestic Violence Act, 2005, Section 2(q), 12 -- Respondent - Suit for mandatory and permanent injunction - For the purposes of determination of right of defendant/daughter-in-law u/ss 17, 19 r/w S.26 of PWDV Act in suit in question, plaintiff/father-in-law can be treated as `respondent' - But for grant of any relief to defendant or for successful..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 419, 420, 468, 471, 120B -- Quashing of complaint - Offence u/ss 419, 420, 468, 471, 120-B IPC - Accused persons allegedly on pretext of renewing insurance policy duped complainant`s money - As per investigation it is an organized large-scale criminal operation to cheat several people - Merely..........
Civil Procedure Code, 1908, Order 16, Rule 6, Representation of the Peoples Act, 1951, Section 101, 83(1)(a) -- Striking out prayer(c) - Election petition - Once it is found that neither original election petition nor amended election petition contains any pleading of material facts which would enable Court to form an opinion in terms of S.101 of Act of 1951, there was no..........
Agreement to sell -- Specific performance - Pleading that defendant has to resolve the dispute of pathway - Such condition put by plaintiff beyond terms of agreement - This disentitles plaintiff to the relief of specific performance more particularly when plaintiff himself has prayed for alternative relief of refund of earnest money...........
Negotiable Instruments Act, 1881, Section 138, 145(2), 143A -- Dishonour of cheque - Failure of accused to deposit a sum equivalent to 20% of cheque amount within a period of 60 days thereby which trial Court rejected application filed by accused u/s 145(2) of the Act - Validity of said order - Once an order is passed u/s 143-A of the Act directing payment of interim..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 384, Information Technology Act, 2000, Section 66D -- Bail - Offence u/s 384 IPC, S.66-D of I.T Act - Allegation in FIR is that in whatsapp, a message was posted making allegation against informants that they are members of a gang involved in theft of children - Applicant is said to be group admin..........
