Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Acquisition of land - Lapse of proceedings - Possession of land in question was already taken - However, compensation with respect to land has not been paid - Non-deposit of compensation in Court does not result in lapse of proceedings - Order of..........
Hindu Marriage Act, 1955, Section 9 -- Visitation rights or temporary custody of child - Order passed in a petition u/s 9 of the Act - Order is patently illegal - A separate and independent petition has to be filed u/s 26 of the Act...........
Civil Procedure Code, 1908, Section 25, Hindu Marriage Act, 1955, Section 9, 26 -- Petition u/s 9 Hindu Marriage Act - Ex parte decree passed - Husband also granted visitation rights, which includes temporary custody of child - Wife filed petition to set aside ex parte decree - Transfer of petition - Order passed giving visitation rights, which includes temporary custody..........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 8, Rule 1 -- Appeal - Closure of right to file written statement - Same has direct effect on defendant if his reply is not to be considered - Impugned order can be termed as intermediary or interlocutory order - Defendant has remedy of filing an appeal u/s 19(1) of the Act of 1984...........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation from one State to another - Part of cause of action has arisen in Delhi - Court at Delhi thus, have jurisdiction to take cognizance of offence - Moreover, no such objection was taken when MM directed registration of FIR - Order of transferring investigation from Delhi to Noida is bad in law and thus,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of stranger/third party - Stranger cannot be impleaded in the suit in order to support contesting defendant...........
Indian Penal Code, 1860, Section 376(2)(n), 420, 406 -- Rape of married woman - Prosecutrix is a married woman voluntarily had sex with accused knowing that she cannot enter into marriage with accused in view of fact that she was a married woman - Even though promise of marriage was made by accused, since prosecutrix is a married woman, said promise is illegal and that..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Order taking cognizance - Court filled the words `cognizance' and `personal' in blank space which suggest that there is non-application of judicial mind - Order taking cognizance , set aside - Matter remitted back to concerned Court to pass afresh order in accordance with law...........
Mutation -- Mutation proceedings are summary in nature and is only for fiscal purpose and do not decide any right or interest of a party - Party can get his right declared in appropriate and regular forum and any such order passed by regular Court shall bind the parties...........
