Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 122(C)(6) -- Cancellation of allotment of land - Limitation - Authorities initiated the proceedings for cancellation of allotment on the basis of report of Lekhpal after 13 years from the date of allotment - Though there is no limitation fixed for initiation of proceedings under UPZALR Act, however,..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Withdrawal of prosecution against company is a product of Court not a prayer of complainant - Complainant cannot suffer adversely for fault of a Court - Order of withdrawal of complaint qua Company set aside and trial Court directed to dispose of complaint within three months...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Settlement before Mediator - As per settlement husband has withdrawn his matrimonial case and also paid a significant amount to wife - Wife thereafter resiled from the agreement - Marriage has broken down irrevocably - Marriage between parties dissolved...........
Indian Penal Code, 1860, Section 494, 34 -- Bigamy - Allegation against relatives/friends - In order to bring home said charge, complainant would be required to prima facie prove not only the presence of accused persons, but the overt act or omission of accused in the second marriage ceremony and also establish that such accused were aware about the subsisting marriage of..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Complainant alleged that accused abused him by using profane language - S.294(b) IPC would clearly not apply to such an act...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Property of father - Son has taken forcible possession of property and has not taken care of father inspite of four operations of father - Father has to live at different places on the mercy of other persons - Eviction order upheld...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Eviction of son - Son ready to serve father - Such statement after filing of eviction petition is just to save himself from eviction - Such statement cannot be made basis to set aside eviction order...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 15 -- Acquisition of land - Hearing of objections - Competent authority - Land acquisition notification was issued by State Government - Therefore, neither District Collector could act as appropriate Government in regard to acquisition in question nor was he..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 63 -- Confiscation of vehicle - Registered owner of vehicle has a right to be heard by Court before the final order of confiscation is passed and seized vehicle is put to auction in terms of provision of S.63 of the Act...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Conviction of husband in a criminal case u/s 302 of IPC and sentence of life imprisonment amounts to mental cruelty towards wife which entails her getting the divorce from her husband...........
