Issue for Consideration Issue arose whether the contours of s.439 CrPC permit the grant of compensation by the High Court to the appellant for alleged wrongful confinement for four months in a matter of possession of narcotic substances. Headnotes† Code of Criminal Procedure, 1973 – powers of High Court or Court of Session regarding bail – Scope of – Adjudication of bail application – High Court directed the Director of Narcotics Control Bureau to pay ₹5 lakh as compensation to the appellant for alleged wrongful confinement for four months in a matter of
Issue for Consideration Issue arose as regards the correctness of orders passed by the High Court staying the discharge of the accused and directing him to surrender before the trial court. Headnotes† Code of Criminal Procedure, 1973 – ss.390, 397, 401 – Revisional court – – Appellant not named in the FIR but was formally arraigned as an accused in the 3rd Supplementary Chargesheet u/ss.302, 201, 34, 120B IPC and ss.25, 27 Arms Act – Trial court discharged the appellant in connection with all the offences and was released from custody –
Issue for Consideration The High Court dismissed the criminal miscellaneous application of appellant praying for quashing of the FIR registered u/ss.409, 219 and 114 of IPC and also rejected the appellant’s prayer for anticipatory bail. Headnotes† Penal Code, 1860 – ss.409, 219, A government land was allotted to one D and others for by way of Santhani for personal cultivation – Since the allottees were not staying in the village and were not cultivating the land personally, the then Deputy Collector registered a case and forfeited the land in favour of the
Issue for Consideration Whether an agent by virtue of being a holder of the General Power of Attorney (‘GPA’) along with Agreement to Sell had any right, title or interest in the subject-matter of the agency, to execute a registered sale deed after the death of the principal; Whether to challenge the execution and validity of the GPA and the Agreement to Sell and seek a declaration that the registered sale deed invalid, non-est or illegal. Headnotes† Facts in brief: It is a dispute concerning title to immovable property, both appellants and respondents traced
Issue for Consideration Whether the said plot is a MHADA layout; Whether the Slum Rehabilitation Authority (SRA) is legally competent to redevelop a ‘censused slum’ situated on MHADA land under Regulation 33(10) of the Development Control Regulations transit camp occupants can delay a sanctioned redevelopment project by invoking Regulation 33(5) applicable to MHADA layouts; Whether the said plot is a slum area; Whether a separate notification is necessary to declare a ‘censused slum’ as a slum under the Maharashtra Slum Area
Issue for Consideration Prosecutrix, a minor village girl, was allegedly kidnapped on the pretext of securing her a job, and then gang raped by accused-appellants over a period of two months by holding her captive by threatening her life. Whether the trial court and the High Court erred in and 376(2)(g) IPC. Headnotes† Penal Code, 1860 – ss.366 and 376(2)(g) – Village girl allegedly kidnapped and gang-raped by accused-appellants over a period of two months – Conviction of appellants by trial court and High Court – Propriety: Held: Dental examination
Issue for Consideration Challenge to the constitutional validity and the right of the authorized officers to arrest under the Customs Act, 1962 and the Central Goods and Services Tax Act, 2017 (GST Act). Headnotes† Customs Act, 1962 – Finance Act, 2012 – Finance Act, 2019 – ss.104(4), 104(6) – Central Goods and Services Tax Act, 2017 – ss.69, 70, 132 – Code of Criminal Procedure, 1973 – ss.4, 5, 50; Chapter XII – Constitution of India – Articles 246-A, 21 22(1), 32, 226 – Om Prakash case held that the
Issue for Consideration Whether the High Court was justified in holding that the direction issued in Priyanka Srivastava v. State of Uttar Pradesh [2015] 4 SCR 108 that a complaint will be accompanied by an affidavit is prospective in nature not having any will not be applicable to the complaint lodged against the appellants in the year 2010-2011. Headnotes† Judgments – Operation of – Plea of the appellants that the second FIR was registered on the complaint which was filed before the Magistrate u/s.156(3), CrPC, however, it
Issue for Consideration Whether in the instant case, single Judge of the High Court was right in holding that the appellant herein is entitled to get the benefit of s.3 of the Urban Land (Ceiling and Regulation) Repeal Act, 1999. Whether the Division Bench of the High in upsetting the findings recorded by the Single Judge. Headnotes† Urban Land (Ceiling and Regulation) Act, 1976 – Sub-section (5) of section 10 and sub-section (6) of s.10 – Urban Land (Ceiling and Regulation) Repeal Act, 1999 – s.3 – The Competent Authority
Issue for Consideration Whether in the facts of the case, prima-facie offence u/s.364-A, IPC against appellant is made out or not. Headnotes† Penal Code, 1860 – s.364-A – Kidnapping for ransom, etc. – Offence u/s.364-A, if prima-facie made out against appellant: Held: No whether the house from where the child (PW-12) was recovered belonged to appellant or not – Appellant was not identified either by the father (PW-13) of the child or the child himself – No cogent evidence regarding any ransom demand made by the appellant – Furthermore, the
Issue for Consideration What are the parameters that a High Court should keep in mind while granting or refusing a leave to appeal filed under Section 378(3) of the Cr.P.C. Headnotes† Criminal Law – Section 378(3) of Code of Criminal Procedure, 1973 – Leave to appeal against should primarily see whether prima facie case is made out based on the materials on record while considering application for grant of leave under sub-section (3) of Section 378 of the Cr.P.C and thereafter should adjudicate the appeal on merits. [Paras 12-13] High Court to apply judicial mind
Issue for Consideration Issue arose as regards the order passed by the courts below allowing the application filed by the daughter of the deceased to implead herself as defendant in the suit for recovery of possession filed by her mother. Headnotes† Code of Civil Procedure, 1908 – Court may strike out or add parties – Impleadment of necessary parties – Suit for recovery of possession by the mother – During pendency, the mother died and the son sought substitution as the legal representative of the deceased plaintiff relying upon a registered
Issue for Consideration Whether the High Court was justified in allowing the criminal appeal preferred by accused-respondent and dismissing acquittal appeal preferred by the State, thereby acquitting both the accused persons. Headnotes† Code of Criminal Procedure, 1973 – Whether the chain of circumstances to prove the guilt of the accused persons as the case is based on Circumstantial Evidence – Correctness: Held: The entire case of the prosecution hinged on the circumstantial evidence, there was no eye-witness to the alleged incident – So far as accused-AB is
Issue for Consideration Whether the High Court was justified in holding that the Hotel constructed by the late father of the appellant on the property which he had bought in 1965, was his contribution to the firm and thus, the same was brought on to the stock of the firm and would become the as per Section 14, Partnership Act. Headnotes† Partnership Act, 1932 – s.14 – Interpretation – Late father of the appellant, if had brought the property in question to the stock of the partnership firm as his contribution to the same: Held: s.14 enables a partner
Issue for Consideration Issue arose as regards the sustainability of the conviction of the accused u/s.120B and 411 IPC, when the seized gold bars are not the same gold bars linked to the fraudulent transactions. Headnotes† Penal Code, 1860 – ss.120B, 411 rw receiving stolen property – Criminal conspiracy – Possession of stolen property – Commission of fraud by remittance through fake Telegraphic Transfers-TT and subsequent withdrawals amounting to Rs. 6.7 crores at the Bank – Bank account opened for a fictitious firm
Issue for Consideration Issue arose whether the Micro, Small and Medium Enterprises Development Act, 2006, coupled with the Public Procurement Policy for Micro and Small Enterprises Order 2012 mandate procurement of 25 percent of goods and services by the government, and Micro and Small Industrial Enterprises; and whether the prescription of mandatory minimum turnover clause in Notice Inviting Tenders is violative of Arts.14 and 19 of the Constitution, provisions of the Micro, Small and Medium Enterprises Development Act, 2006 and the Procurement Preference
Issue for Consideration Matter pertains to the entitlement of the appellant to pensionary benefits, when her unauthorised absence for twenty years was treated as extraordinary leave and her service was regularised. Headnotes† Service law – West Bengal Service 1971 – rr.28A, 175, 176(4) – Pensionary benefits – Entitlement, when unauthorised absence of leave treated as extraordinary leave – Appellant-government employee, remained absent from duty for 107 days and thereafter from 1987 to 2007 – Her allegations that though she
Issue for Consideration Whether there was any material suppression of fact on the part of the appellant’s father while obtaining an insurance policy or not. Headnotes† Consumer Disputes – Life insurance policy – Repudiation of claim, when not proper – Life insurance taken by the deceased (father of the appellant) – He died in an accident – Appellant’s claim was repudiated on the ground that there was material suppression by his father as he had disclosed only one other life insurance policy availed by him at the time of filing the
Issue for Consideration Suit filed by appellant seeking specific performance of contract based on an agreement of sale executed by respondents was allowed on 20-01-2012 and appellant was directed to deposit the balance sale consideration within two months. The judgment and decree was upheld by Court on 21-04-2015. Two years thereafter, the decree holder preferred execution petition wherein he sought permission to deposit the balance sale consideration. On 20-05-2019, the executing court permitted the decree holder-appellants to deposit the balance sale consideration and directed the
Issue for Consideration Whether the reservation of the plot of land lapsed under Sections 49, 126 and 127 of the Maharashtra Regional & Town Planning Act, 1967 due to the failure of the authorities to acquire it within the statutory timeframe, thereby entitling the land as permissible under law. Headnotes† Maharashtra Regional & Town Planning Act, 1967 – Section 49, Section 126 and Section 127 – Reservation to lapse if no step taken for acquisition of land within the prescribed time period – Landowners are free to use land as