Delhi Special Police Establishment Act, 1946, Section 3, Criminal Procedure Code, 1973, Section 156 -- Investigation by CBI - Unnatural death of minor daughter of maid servant - Her dead body found in locked car - Investigation by police that death was homicidal - Doctor opined that death was due to smothering - Subsequent report of doctors that death was not homicidal -..........
Arbitration and Conciliation Act, 1996, Section 9, Civil Procedure Code, 1908, Order 39, Rule 1.2, Contract Act, 1872, Section 126 -- Bank guarantee - Encashment of - Injunction - Interdicting of encashment of a Bank Guarantee - Held, payment under an unconditional, on demand without demur Bank Guarantee can be injuncted by court only in the circumstances of there existing..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recalling of witness - Specific stand taken by witness that original bills were with Punjab Pradesh Congress Committee - Petitioner took no steps to get deferred examination of witness but completed examination-in-Chief and thereafter cross-examination was also concluded and witness was discharged - Held,..........
Hindu Marriage Act, 1955, Section 13B, Divorce Act, 1869, Section 10A, Special Marriage Act, 1954, Section 28 -- Divorce by mutual consent - Waiving of waiting period - No Court, except the Supreme Court, can waive the waiting period of six months either suo motu on an application filed by both parties...........
Hindu Marriage Act, 1955, Section 13B, Divorce Act, 1869, Section 10A, Special Marriage Act, 1954, Section 28 -- Divorce by mutual consent - Waiting period of six months - Cannot be waived - After the period of waiting, a second motion need only be made and personal presence of the spouses need not be insisted - Counsel can make such second motion on their behalf - Their..........
Kerala State and Subordinate Service Rules, 1958, Rule 5 -- Rule 5 Note 3, Kerala State Homeopathy Service, 1989, Rule 3, Table Entry 5 Note 2 - Appointment - Method of appointment - The rule making authority being aware of Note (3) to Rule 5 of the General Rules, chooses to subsequently make a contrary provision in the Special Rules - It is to be inferred that the..........
Interpretation of statute -- General Law - Special law - When a subject is governed by two sets of rules the well settled rules of interpretation stated...........
Prohibition of Child Marriage Act, 2006, Section 12, Muslim Personal Law (Shariat) Application Act, 1937, Section 2 -- A Muslim minor girl aged 15 years marrying a Muslim boy aged 18 years - Held, this marriage may be void u/s 12 of the Act of 2006 - But it is a valid marriage under Muslim law as per S.2 of Muslim Personal Law (Shariat) Application Act, 1937 which has not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 35, 54, Criminal Procedure Code, 1973, Section 313 -- Contraband - Conscious possession - Special question with regard to conscious possession not framed nor put to accused in his examination u/s 313 Cr.P.C. - Conscious possession not established - Presumption u/ss 35 & 54 of the Act cannot be drawn in..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Setting aside decree passed U.O.37.R.2(3) - Decree can be set aside under special circumstances envisaged U.O.37.R.4 - In an application U.O.37.R.4 defendant should not only show sufficient cause for his non appearance on relevant date but also disclose grounds to defend the suit...........
