Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 122(C)(6) -- Cancellation of allotment of land - Limitation - Authorities initiated the proceedings for cancellation of allotment on the basis of report of Lekhpal after 13 years from the date of allotment - Though there is no limitation fixed for initiation of proceedings under UPZALR Act, however,..........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - In order to bring home said charge, complainant would be required to prima facie prove not only the presence of accused persons, but the overt act or omission of accused in the second marriage ceremony and also establish that such accused were aware about the subsisting marriage of..........
Indian Penal Code, 1860, Section 376 -- Rape - Enhancement of sentence is not justified nearly 35 years after the incident in view of facts of the case - No interference warranted in the order of sentence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Confiscation of vehicle - Registered owner of vehicle has a right to be heard by Court before the final order of confiscation is passed and seized vehicle is put to auction in terms of provision of S.63 of the Act...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No case of prosecution that any of condition so stipulated while granting bail has been violated or there has been infraction of any of conditions so imposed - In the absence of there being a strong prima facie case on the conditions of bail having been violated, it would not be appropriate for said..........
Consumer Protection Act, 1986, Section 2(7) -- Explanation - Commercial purpose - Onus to prove that service was obtained for a commercial purpose is on the service provider - However, standard of proof that has to be met in order to discharge the onus has to be measured against a `preponderance of probabilities...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - In the absence of anything suggesting that the State Commission had acted in the exercise of its jurisdiction illegally or with materially irregularity, interference with an order of State Commission confirming the order of District Forum, in exercise of the limited revisional power u/s 21 (b) of the Act, by NCDRC,..........
Guardians and Wards Act, 1890, Section 7, 9, 25 -- Custody of minor children - Minor children expressed their preference to reside with their father - They were doing well in the pursuit of their education and co-curricular activities whilst residing with father and minor children were well settled and progressing fine - Though preference made by children in itself cannot..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101(2), 15 -- Appeal - Order passed u/s 15 of the Act - While considering appeal against an order passed u/s 15 of the Act, appellate authority can also take assistance of experts other than those who assisted the Board...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101(2), 15 -- Appeal - Order passed u/s 15 of the Act - Appeal can be filed within a period of 30 days - However, appellate Court can entertain the appeal after the expiry of said period, provided sufficient cause is shown...........
