Hindu Succession Act, 1956, Section 8 -- Property of male Hindu dying intestate - Suit property divided in 1982 and parties have taken the property to be enjoyed as their exclusive and absolute property - Property had thus, lost the character of coparcenary property - Since division was effected prior to amendment of S.6 of Hindu Succession Act, said section is thus has no..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Powers of High Court u/s 482 Cr.P.C though are wide and are in the nature of inherent power, yet said power cannot be exercised suo motu in a sweeping manner and beyond the contours of what is stipulated under said Section...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 25 loose tablets and 1100 intoxicant tablets - Bail - Petitioner is a lady of 38 years and is in custody from 3.7.21 - Quantity recovered falls under commercial quantity - However, investigating agency was not able to gather any sufficient..........
Real Estate (Regulation and Development) Act, 2016 -- Scope - (i) Regulation 9 of the Regulations of 2017 is not ultra vires the Act or is otherwise not invalid; (ii) The delegation of powers in the single member of RERA to decide complaints filed under the Act even otherwise flows from Section 81 of the Act and such delegation can be made in absence of Regulation 9 also;..........
Service -- Promotion - Seniority list - Challenge as to - Non-joining of all parties - It is not essential to implead each and every one who could be affected but if a section of such affected employees is impleaded then interest of all is represented and protected - Non joining of all parties not fatal...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Maintenance u/s 125 Cr.P.C can be claimed by a person irrespective of belonging to any religious community - Object to said section is to provide immediate relief to an applicant...........
Protection of Children from Sexual Offences Act, 2012, Section 7 -- Interpretation of word `touch' - S.7 of the Act pertains to `sexual assault' it appears that it is in two parts:- first part of section mentions about the act of touching the specific sexual parts of the body with sexual intent and second part mentions about `any other act' done with sexual intent which..........
Civil Procedure Code, 1908, Section 24, 25 -- Transfer of a case - Broad propositions are : These are (a) balance of convenience or inconvenience to the plaintiff or the defendant or witnesses; (b) convenience or inconvenience of a particular place of trial having regard to the nature of evidence on the points involved in the suit; (c) issues raised by the parties; (d)..........
Registration Act, 1908, Section 32A, Proviso -- Compulsory affixing of photograph etc. - Registration of trust deed or cancellation of trust deed - Where transfer of ownership of immovable property is not involved, it is the main Section i.e S.32-A of the Act and not S.32-A Proviso of the Act that applies...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) of the Act - Knowledge of accused regarding caste of prosecutrix and his acquaintance with her family, since village communities are tightly knit, by itself cannot be said to be basis of commission of offence, having regard to the language of Section 3(2)(v)..........
