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)..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14(3) -- Eviction petition - Tenanted premises had become unsafe and unfit for human habitation - Right of re-entry - Tenant ordered to be evicted under provisions of S.14(3) of the Act has a right of re-entry on new terms of tenancy and not merely because this proviso contains an expression in re-built building - Same..........
Criminal Procedure Code, 1973, Section 195(1)(b)(i), (ii), 340, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, 191, 192, 193 -- Explanation 2 - False evidence - At stage of investigation and prior to commencement of trial - Bar against taking of cognizance under Section 195(1)(b)(i) - Accused by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of 12 packets of poppy straw - Representative sampling - One out of 12 packets of poppy straw sent for FSL - No sample taken from the remaining 11 samples - There is thus, violation of Standing Order 1/89 dated 16.9.1989 section II General Procedure for Sampling etc. - Nothing on record to..........
Criminal Procedure Code, 1973, Section 125(4) -- Maintenance to wife - Adultery - Husband seeking divorce from wife on ground of adultery which is pending consideration - He failed to establish allegation of adultery made against wife in terms of sub-section (4) of S.125 Cr.P.C. - Maintenance rightly awarded to wife...........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 379, 414, Mines and Minerals (Regulation and Development) Act, 1957, Section 4, 21, Madhya Pradesh Minerals (Prevention of illegal Mining, Transportation and Storage) Rules, 2006, Rule 18 -- Offence u/ss 379, 414 IPC, Ss.4/21 of Mines & Minerals (Development & Regulation) Act, 1957 & Rule 18 of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Caste abuse - When a member of vulnerable section of the society is subjected to indignities, humiliations and harassment, offence under the Act would be made out...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Counsel for accused as well as Magistrate ought to inform accused of availability of indefeasible right u/s 167(2) Cr.P.C, once it accrues to him, without any delay, especially where accused is from an underprivileged section of society...........
Criminal Procedure Code, 1973, Section 85 -- Release of attached property - Vesting of property with State government u/s 85(2) Cr.P.C should be understood not as complete, but as an enabling provision for purpose of selling property as envisaged under said section till expiry of 2 years mentioned in S.85(3) Cr.P.C and it may become absolute only on expiry of two years -..........
