Drugs and Cosmetics Act, 1940, Section 36(AB)(as -- Special Court - Manufacturing/sale of spurious and misbranded drugs - Trial held to be nullity and non est being conducted by Court having no jurisdiction - Complaint pertains to 2007 and 11 years have already elapsed since institution of complaint - Petitioners cannot be held responsible for long trial because..........
Defamation -- Definition of offence of defamation u/s 499 IPC is not applicable to civil wrong - However, ingredients of defamation under said Section can be applied to civil wrongs...........
Indian Penal Code, 1860, Section 153A, 153B, 295A -- FIR against production of film Padmavat - Allegation of twisting and distorting historical facts and events and thereby hurting the feelings of a section of society - Admittedly, allegations set out in FIR lodged well before the movie in question was released in theaters - Censor Board issued certificate of exhibition of..........
Civil Procedure Code, 1908, Section 24(2) -- Transfer of suit - Following factors have to be taken into consideration while transferring a case : (a) Balance of convenience or inconvenience to plaintiff or defendant or witnesses; (b) convenience or inconvenience of particular place of trial having regard to the nature of evidence on points involved in suit; (c) issues..........
Kerala Private Forests (Vesting and Assignment) Act, 1971, Section 2(f)(1)(i) -- Madras Preservation of Private Forests Act, 1949 - Private forest - Exemption - If disputed land has no characteristics or features of forest, then land will fall under private forest as defined u/s 2(f)(1)(i) of 1971 Act and Act of 1949 is applicable to that land before appointed day and land..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Directions issued for expeditious hearing and disposal of application for maintenance pendente lite : (i) Format of affidavit and documents required to be filed alongwith the affidavit elaborated; (ii) Affidavit of assets, income and expenditure be treated as guidelines to determine the true income of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 4 Kg opium - Non-compliance of S.50 of the Act - DSP who had joined the police party headed by SI, having specifically extended offer of search before Magistrate in addition to be searched before himself being a gazetted officer to accused - Accused being made aware of his right in this context..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Court can waive waiting period of six months, after considering : (i) statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year u/s 13B(1) of separation of parties is already over before the first motion itself; (ii) all efforts for..........
Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C. - Complainant is not bound to examine himself during enquiry u/s 202 Cr.P.C. after recording of his initial statement u/s 200 Cr.P.C. - However, if substance of his examination is recorded u/s 200 Cr.P.C. as required in said section and complainant feels necessity to give a detail account of incident to..........
Evidence Act, 1872, Section 126 -- Fiduciary relationship - Nothing in Section is protected from disclose relating to any such communication made in furtherance of any illegal purpose; any fact observed by any barrister, pleader, attorney or vakil in course of his employment as such, showing that any crime or fraud has been committed since commencement of his employment -..........
