Agreement to sell -- Decree of specific performance - Execution of sale deed - Relief of possession cannot be granted, by Executing Court, in absence of possession specifically prayed for in the suit - Judgment in case Nathu Ram Vs Chhotu Singh, 2012(4) Civil Court Cases 184 (P&H) holding otherwise held not a binding precedent in view of Adcon Electronics Pvt. Ltd.'s..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2), Criminal Procedure Code, 1973, Section 321 -- Illegal gratification - Withdrawal of prosecution case - Public prosecutor is required to act in good faith, peruse the materials on record and form an independent opinion that withdrawal of case would really subserve the public interest at large - However, in the..........
Consumer Protection Act, 1986, Section 19(1), 17(1)(a) - - Appeal against order of State Commission - National Commission admitted appeal and granted interim stay subject to payment of 50% of award given by State Commission - Validity - Held, a pre-deposit condition to deposit 50% of amount in terms of order of State Commission or Rs.35,000/-, whichever is less, being..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 4, Criminal Procedure Code, 1973, Section 41 -- Offence u/s 498-A IPC or u/s 4 Dowry Prohibition Act or an offence punishable with imprisonment for a term which may be less than seven years or which may extend to sever years, whether with or without fine - Accused not to be arrested unnecessarily..........
Constitution of India, 1950, Article 141 -- Precedent - Law declared by Supreme Court - Departure from - Held, High Court can depart only in a situation where it finds that said judgment has been subsequently overruled, specifically or impliedly or it is per-incurium...........
Hindu Adoptions and Maintenance Act, 1956, Section 7 -- Adoption - Proviso to S.7 of the Act lays down consent of wife as a condition precedent to an adoption which is mandatory and adoption without wife's consent would be void - For valid adoption wife's consent must be obtained prior to adoption and cannot be subsequent to an act of adoption...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Malfunctioning of the State Government regarding the unpardonable lackadaisical attitude towards pursuing matter in the court of law cannot be the reason for loss of public property, which involves public money and causes loss to the public exchequer - Delay condoned in the larger interest of public - However, this..........
Indian Contract Act, 1872, Section 31 -- Contingent contract - A contract to do or not to do something if some event collateral to such contract does or does not happen - Condition may be condition precedent or condition subsequent...........
Rajasthan Prisoners Release on Parole Rules, 1958, Rule 9 -- Convict - Grant of parole - Convict denied first regular parole in view of adverse report given by police in mechanical manner without placing on record any tangible evidence - Conduct of convict in jail was satisfactory which was condition precedent for grant of parole - Held, convict entitled to grant of..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Court not to adopt an injustice-oriented approach in rejecting the application for condonation of delay - Court has to draw a distinction between delay and inordinate delay - Sufficient cause is a condition precedent for exercise of discretion by the Court for condoning the delay - When mandatory provision is not..........
