Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Rape - Termination of pregnancy - Unilateral decision of prosecutrix - It has to be held that aborting child was to defeat the scientific DNA test - Adverse inference has to be drawn that if she had undergone DNA testing process it would have revealed that..........
Jammu and Kashmir Housing Board Act, 1976, Section 40 -- Cancellation of allotment - Neither mandate of S.40 of the Act has been complied with nor have principles of natural justice been observed - Even, board has taken unilateral decision that petitioner has violated condition of lease - Order for cancellation of allotment set aside - However, quashment of order shall not..........
Transfer of Property Act, 1882, Section 54, Registration of Births and Deaths Act, 1969, Rule 26(i)(k)(i) - - Registered sale deed - Unilateral cancellation of registered sale deed - There cannot be an unilateral cancellation of registered sale deeds and that a cancellation deed cancelling a sale deed can be registered only after same is cancelled by a competent civil..........
Transfer of Property Act, 1882, Section 54, Registration of Births and Deaths Act, 1969, Rule 26(i)(k)(i) - - Registered sale deed - Unilateral cancellation of registered sale deed - When cancellation deed or revocation deed unilaterally executed is null and void and that when such transaction is meaningless, it is just and fair to allow writ petition leaving it open to..........
Insurance -- Unilateral deletion of terms of insurance policy by insurance company - Action of Insurance company wholly arbitrary and violates fundamental right of policy holder u/art 14 of Constitution...........
Insurance -- Unilateral deletion of terms of insurance policy by insurance company, arbitrary and affects fundamental rights of policy holder u/art 14 of Constitution - High Court thought it fit not to interfere as disputed questions of fact arise and as dispute pertains purely to realm of contract - However, no disputed question of fact raised - Even within the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120B, 149 -- Bail - Offence u/ss 302, 307, 323, 324, 326, 201, 212, 143, 147, 148, 341, 506(ii), 120-B, 149 IPC - As per prosecution, specific overtacts are attributed to each of the accused - Even, it seems that each injured..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence cannot be allowed to be compounded without consent of complainant - It is impermissible to permit compounding merely on unilateral application moved by accused...........
Industrial Disputes Act, 1947, Section 9A -- Change in terms of service - Notice of change - Enhancement of superannuation age of employees though temporary in nature, but amounts to privilege to employees, as it is a special right granted to them - Unilateral withdrawal of such privilege amounts to contravention of S.9-A of the Act - Employer was thus, bound to give prior..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Unilateral withdrawal of consent by wife at the stage of second motion - Consent has to subsist from day one of filing joint application till decree of divorce is passed - Rejection of joint petition for divorce by mutual consent, upheld...........
