Protection of Children from Sexual Offences Act, 2012, Section 21 -- Offence u/s 21 of the Act is a bailable offence, which provides for a punishment of six months or a maximum of one year...........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration as well as joint possession and permanent injunction - Plaint nowhere establishes a clear cut ouster or abandonment of possession of plaintiff from suit property - Suit property is claimed to be joint between parties - Plaintiff thus, cannot be called upon to pay Court fee on market value of..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Posting of letter of appointment for job on social media by wife, which she later claims to be fake, is not sufficient to make out a case with regard to employment of wife, particularly when there is no concrete proof of actual employment...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Mere possession of qualifications by wife who is admittedly not employed, cannot ipso facto be a reason to deny interim maintenance altogether...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Highly qualified wife - Net salary of husband is Rs.66,050 pm - However, taking into account that wife being unemployed, possession of higher qualifications by her on the strength of which she could make an endeavor to secure job as well as income of husband, wife is entitled to Rs.7500/- as interim..........
Registration Act, 1908, Section 49 -- Un-registered document - Admissibility - Suit for declaration - Un-registered documents are basis of suit and possession was transferred by these un-registered documents - Said documents are not admissible in evidence as per S.49 of the Act - Trial Court rightly disallowed documents in question on account of inadmissibility...........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Execution - Objections - Defendant had filed objections several times against decree and same was rejected - Even earlier order of dismissing application filing objections attained finality being not challenged by defendant - Present application for filing objections is thus, devoid of merits and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 2(xvii) -- Recovery of contraband - Once it is found that seized material contain `morphine' and `meconic acid' it is sufficient to establish that seized material comes within definition of S.2(xvii) of the Act...........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - High Court was not right in dismissing petition by giving a finding on novation of Share Purchase Agreement between parties - Said aspect would have a bearing on merits of controversy between parties - It must be left to Arbitrator to decide on said issue also - Impugned order set aside -..........
Indian Penal Code, 1860, Section 307, 427, 270, 34, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29 -- Bail - Petitioner is in custody since more than 2 years and the conclusion of trial is likely to take time - Petitioner was not involved in any other case and further incarceration of the petitioner would be violative of the right of the..........
