Issue for Consideration Issue arose whether the High Court in exercise of revisional jurisdiction was justified in setting aside the order of conviction of the accused u/s.138 NI Act, passed by the trial court and affirmed by the Sessions Court. Headnotes† Negotiable Instruments Act, 1881 of funds – Presumptions as to negotiable instruments – Exercise of revisional jurisdiction by the High Court – Hand loan of Rs.4,50,000/- extended by the complainant to the accused, to be paid within a year with 16% interest per annum – Cheque issued by the
Issue for Consideration Matter pertains to the premature release of the petitioner sentenced to life imprisonment for the murder of the deceased, and has been in jail for approximately twenty-two years. Headnotes† Code of Criminal Procedure, 1973 – s.432(7) – Bharatiya Nagarik s.473 – Remission/Premature Release – Petitioner along with other co-accused convicted for the murder of the deceased by the Special Judge u/s.120B/302 IPC and sentenced to life imprisonment and fine – Investigation initially carried out by UP police and was later transferred to
Issue for Consideration Correctness or otherwise of the impugned order granting rejection of the plaint. Headnotes† Code of Civil Procedure, 1908 – Or.VII r.11(d); Or.II r.2 – Application of Or.II r.2 not a ground for rejection of plaint u/Or.VII r.11(d) – Original owner first suit against defendant No.1-son, seeking inter alia permanent injunction – After the death of the original owner, Appellants herein (his wife and daughters) filed the second suit – Respondent-defendants filed application u/Or.VII r.11 in the second suit seeking rejection of
Issue for Consideration In the absence of any subsisting statutory control or saving provision operative on the date of the alleged incident, whether the prosecution of the appellants under the Essential Commodities Act, 1955 is legally tenable. Headnotes† Essential Commodities Act, 1955 Order 1989 – Cement Control Order, 1967 – Maharashtra Cement (Licensing and Control) Order, 1973 – The prosecution case is that the Public Works Department of the State Government had awarded the work of construction of a Khar passage in cement concrete – As per the
Issue for Consideration Issue arose as regards the right of a person charged with serious and grave misconduct by the ICC to assail the correctness of the said report and its findings by way of an appeal before the tribunal. Headnotes† Sexual Harassment of Women at Workplace (Prevention, – s.18 – Armed Forces Tribunal Act, 2007 – s.14 – Report of Internal Complaints Committee-ICC constituted under POSH Act, if can be challenged before the tribunal – Complaint by Principal Medical Officer against the appellant-Commander in the Indian Navy, alleging
Issue for Consideration Whether the possession of the schedule property by the appellant herein was continued in the capacity of a tenant or as a vendee on the execution of the agreement to sell dated 14.10.2009. Whether the appellant herein is liable to pay any additional duty and penalty on the the said instrument liable to be impounded for the purpose of payment of duty and penalty. Whether there is “deemed conveyance” within the meaning of Explanation I to Article 47A of the A.P. Stamp Act. Headnotes† Andhra Pradesh Buildings (Lease, Rent and Eviction) Control
Issue for Consideration Matter pertains to the credibility of the dying declaration of the wife, and the correctness of the order passed by the High Court acquitting the respondent-husband by extending to him the benefit of doubt. Headnotes† Evidence Act, 1872 – s.32 – Dying case that owing to marital discord between the parties, the respondent-husband allegedly poured kerosene on his wife at their residence and set her on fire – Some villagers rushed to her rescue and the respondent also attempted to extinguish the fire – Wife was rushed to the
Issue for Consideration Issue arose whether the High Court erred in granting bail to respondent no. 2-accused without due consideration of the heinous nature of the acts alleged to have been committed against the minor victim-gang-rape and sexual assault threatening with deadly weapon and from Sexual Offences Act, 2012 – ss.5(l), 6, 9(g) and 10 – Bharatiya Nyaya Sanhita, 2023 – ss.65(1), 74, 137(2) and 352 – Code of Criminal Procedure, 1973 – Cancellation of bail in POCSO offence – Commission of offence of gang-raping a minor and sexual
Issue for Consideration Issue arose whether the High Court was justified in dismissing the writ petitions by not applying s.4 of the Repealing Act and thereby not granting relief to the appellants; was the delivery of notice u/s.10(5) of the ULC Act to the appellants (as possessors of a mandatory step, the non-fulfilment of which would render abatement of the proceedings in terms of s.4 of the Repealing Act; and that despite the recording of lands in the name of the State Government, if actual possession was not subsequently transferred to the Government, would this render the
Issue for Consideration The authority conducting the auction expected a higher bid than what the highest bidder had bid, whether it can be a reason to discard the highest bid. Headnotes† Auction – Ghaziabad Development Authority (GDA)-respondent no.2 herein had advertised the an auction – On 15.03.2024, an open auction was conducted in which the reserve price of the subject plot was fixed at Rs.25,600/- per sq. mtr. – The appellant submitted a bid of Rs.29,500/- per sq. mtr., which was the highest, and was thus declared the highest bidder –