Liquor -- Consumption in hotel rooms - Sealing of hotel - Hotel did not sell or serve liquor to guests who were occupying their respective rooms and guests consuming liquor brought same by themselves - Same cannot be considered as impermissible - Consumption of liquor by guests in the hotel premises cannot be termed as illegal - Moreover sealing of hotel was in total..........
Limitation Act, 1963, Section 3 -- Limitation - Period of limitation being a question of fact and law can be taken up at any stage during proceeding of suit in view of S.3 of the Act...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14, 20, 3(1)(x), Indian Penal Code, 1860, Section 341, 323, 34 - - Special Court - Order taking cognizance - Jurisdiction to entertain a complaint and to take cognizance of offence under SC/ST Act is exclusively conferred upon Special Court, as provisions of general law empowering..........
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 6(19) - - Specific endowment - Property in question was endowed specifically for performance of a religious charity in temple by way of deed of settlement - There was a restraint on creation of an encumbrance either on choultry or on land - Choultry was to be utilized at all times for use of general..........
Indian Penal Code, 1860, Section 279, 304A -- Fatal accident - Rash and negligent driving - PW2, only eye witness to the incident stated that vehicle was not driven at a speed - Prosecution not stated that vehicle in question was being driven on a public road - Even story of prosecution of rashness also becomes doubtful - However, post mortem report of deceased shows that..........
Will -- Mutation - Property is being bequeathed to deity and petitioners would remain Managers - Ownership of deity having been established by language of Will itself, there is no question of this Court going into surrounding circumstances and determining anything else than what testator himself determined while bequeathing property to deity - Mutation rightly made in the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - To be a substantial question of law, a question of law must be debatable, not previously settled by law of land or binding precedent and must have a material bearing on decision of case, if answered either way, insofar as rights of parties before it are concerned...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Recovery of 8 kgs gold of foreign origin - Detenus have been granted bail on the very same date the order of detention was quashed by High Court - Therefore, apprehension in the mind of Detaining Authority that detenus are likely to be released on bail was well..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Compounding of offence - Offences are no, compoundable in nature - Parties have compromised the matter amicably - Offences in question are not punishable with death or imprisonment for life - Moreover, more than 25 years have lapsed since the..........
Indian Penal Code, 1860, Section 354, 511, 376 -- Offence u/ss 354, 511, 376 IPC - Prosecutrix and her daughter were pleading with accused to let prosecutrix go - However, accused did not show any reluctance that he was going to stop from committing offence in question - Had there been no intervention, accused would have succeeded in executing his criminal design - Conduct..........
