Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Where a claim is made before Court that property does not belong to person from whom it was seized, S.452 Cr.P.C does not mandate that its custody should be handed over to person from whose possession it was seized, overriding the claim of genuine title which is asserted on behalf of a third party...........
Insolvency and Bankruptcy Code, 2016, Section 43, 434, Companies (Transfer of Pending Proceedings) Rules, 2016, Rule 5 -- Transfer of pending proceedings - Winding up proceedings - All proceedings u/s 20 of Sick Industrial Companies pending before High Court are to continue as such until a party files an application before High Court for transfer of such proceedings - Once..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Cross-examination of Local Commissioner - Permission - Party with permission of Court can cross examine Local Commissioner - In the absence of prayer for cross examination of Local Commissioner, report of Local Commissioner is per se admissible - Application allowed...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Assignment, creation or devolution of any interest during pendency of suit - Leave for continuing the suit - No limitation is prescribed for a person to be substituted U.O.22.R.10 CPC in place of original party to the proceedings - At any time during pendency of suit he may be substituted - Court has only to be prima facie..........
Writ petition -- Disposing of petition without affording party to file counter-affidavit - Held, untenable - On the said ground alone, writ order is liable to be set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10, Rights in Land and Pattadar Passbooks Act, 1971, Section 4, 9, Registration Act, 1908, Section 22 -- Impleadment of a party - Refusal to register document - Complaint against action of registration department in not entertaining a document for registration - District Collector and the jurisdictional Tahsildar or the department..........
Agreement to sell -- Specific performance - Relief of specific performance not granted - Suit not filed immediately after marking presence before Sub Registrar or few months thereafter and allowed creation of third party rights after two years - Even sale deeds not challenged - Plea that defendants not able to prove being bonafide purchaser is without merit - No..........
Indian Penal Code, 1860, Section 302, 304(Part I) - - Nature of offence - Murder - Accused had used farsis, jellis while attacking the complainant party, therefore, they had intention to kill family members of the complainant - Case falls u/s 304 Part-I IPC - Conviction altered from S.302 IPC to S.304 Part-I IPC...........
Transfer of Property Act, 1882, Section 111(h) -- Termination of lease - Default in payment of rent - Tenancy was terminable as per provisions of S.111(h) of the Act which stipulates that lease of immovable property determines on expiration of a notice to determine lease duly given by one party to other - In the instant case, notice given to tenant clearly states that..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 5 -- Arbitration award - Objections - Condonation of delay - S.5 of Limitation Act is not applicable to an application u/s 34 Arbitration Act...........
