FIRST LAW

The Indian Penal Code, 1860 - Sections 420 and 120B - Cheating - Mere entry of possession over the lands in the revenue record does not create any title nor did the said entry cause any financial loss to the Government.

Penal Code, 1860 – Ss. 107 & 306 -  Abetment of suicide -  A llegations that husband was having illicit relationship, he was making sexual relationship with the deceased daily, he was also making unnatural sexual relationship with her, he was also taking medicine daily for enhancing his sexual strength and he was also showing her obscene clippings, even if for the sake of argument they are considered to be true, these allegations cannot be said to be “instigation” as defined under Section 107 of the Indian Penal Code.

Agreement which records delivery of possession, but is not registered is inadmissible in evidence. The argument that the agreement being notarised and having been received in evidence without objection, its admissibility cannot be questioned, is no longer open for discussion in view of the observations by the Supreme Court. It is also settled that receiving a document in evidence and its admissibility under the Indian Stamp Act, 1899 and the Registration Act, 1908 are different matters. A document, which is not required to be stamped or registered stands on a different footing after the same was received in evidence, buta document which requires to be sufficiently stamped and registered before it is made admissible in evidence would not be made admissible in evidence merely because it is exhibited and received in evidence. For such document marking of exhibit is only for convenience and it does not decide the admissibility of the document. Holding it otherwise would make the provi...

Specific Relief Act, 1963 - S. 31 - When cancellation may be ordered - plaintiff admittedly have not asked for any cancellation of the sale deed made in favour of the appellants. In view of this, the suit for specific performance could not have been decreed in favour of the plaintiff as one conveyance.  Sharda Rani Chhabada v. Rajjan Prasad , Goutam Bhaduri, J. F.A. No. 398 of 1996 22-01-2019 Penal Code, 1860 - Ss. 467, 468, 471, 380, 384 / 34 - Quashment of the Criminal Case - complaint is private in nature and was revolving in between the complainant and the petitioners. The complainant has stated that he do not want to continue the prosecution, therefore, continuation of the prosecution may be futile.  Roshan Lal Burman v. State of Chhattisgarh , Goutam Bhaduri, J.  Crl.M.P. No. 192 of 2018 18-01-2019 Motor Vehicles Act, 1988 - S. 166 - a child aged about 8 years died in motor vehicular accident and the claimants were young parents, consideri...

Code of Civil Procedure, 1908 - Order 17 Rule 1 - Court may grant time and adjourn hearing - Costs of Adjournment - Timely delivery of justice in civil cases is a part of human right.

Prevention of Corruption Act, 1988 -  Code of Criminal Procedure, 1973 (2 of 1974) -  Section 437 -  When bail may be taken in case of nonbailable offence -  Though provisions of Sections 438 and 439 of the Code apply to the proceedings before a Special Judge appointed under the Act of 1988, provision of Section 437(6) of the Code does not apply to the proceedings before him.

Criminal P.C. 1973 -  Ss. 437, 438 & 439 - Concept of Protective Umbrella against Arrest - O rder granting protection from arrest cannot be deemed as an order of anticipatory bail and such order cannot bypass the statutory requirements for ensuring the appearance of the accused persons before the investigating authority of trial Court.

1. Ramaswamy v. Union of India, 09-07-2018 Promotion - Departmental Promotion Committee (DPC) -  If this Court is concerned about the right of the Petitioner to hold on to the promoted post, we are also concerned about the right of the senior who came to be denied promotion by non-consideration or non-grant in the earlier round of DPC which was held and which was not based on the correct seniority position of all the employees in question. 2. Lalit Kumar Tandon v. State of Chhattisgarh, 09-07-2018  Penal Code, 1860 -  Ss. 420,406, 467, 468 & 120B -  defalcation by manipulation in the Paddy Procurement Centre, which is a public welfare scheme - issued fake token receipts - Anticipatory Bail Allowed. 3. R.N. Choubey v. State of Chhattisgarh, 09-07-2018 Promotion - Departmental Promotion Committee (DPC) - finding of the Review DPC dated 6.5.2006 as also the impugned order dated 2.2.2010 whereby the promotion of the Petitioners to post of Ex...

Wildlife (Protection) Act, 1972 -  Magistrate has Power to Grant Interim Custody of Vehicle during Pendency of Trial.

Constitution of India -  Art. 21A -  Right of Children to Free and Compulsory Education Act, 2009 -  S.16 -  Prohibition of holding back and expulsion -  Right to education up to the age of 14 years is guaranteed as fundamental right - a student cannot be failed up to 8 th  Class.

Criminal P.C. 1973 - S.102 - Power of police officer to seize certain property -  Station House Officer of a police station has no power and jurisdiction to seal the immovable property of a citizen.

Personal information like T.A. bill etc. cannot be directed to be given under the Right to Information Act, 2005 in view of Section 8(1)(j) of the said Act.

Criminal Trial - Case diary statement of eyewitness recorded after a year though  he was available throughout within a distance of 1½ km from Police  Station - Such eyewitness is not trustworthy - Accused entitled to  acquittal.

Lok Adalat do not have any power of adjudicatory function and if it is found that the offence is not compoundable then it cannot have access on the merits to give any finding.

W hen the applications are filed to restore the same, the Courts are expected to look into the matter not only in the technical angle but also it needs blending of humanity looking to the nature of the case for which the restoration is sought. Otherwise the Court would start emitting danger signals.

Criminal Procedure Code, 1973 - S.161 - Panchnama of statement of a witness recorded by the I.O. (not a statement u/S 161 CrPC), is not admissible in evidence - Accused cannot be convicted on the basis of such document when witness has turned hostile.

Right to Information Act, 2005 - S. 20 -  Penalties -  Information seeker under Right to Information Act, 2005 cannot resort to penalty proceeding under Section 20 of the Act of 2005.

Hindu Marriage Act, 1955 -  Section 13B -    Divorce by mutual consent -   Parties  want to remarry after decree of divorce - Having stated so it further fortifies the intention to get separated and the waiting period will only prolong their agony.

Code of Civil Procedure, 1908 -  Order 16 Rule 7A -  Summons given to party for service -  Court cannot compel a party against his will to obtain summons and to serve the parties/witnesses or his agent on the witnesses.

Indian Stamp Act, 1899 -  Section 35 -  Objection to deficiency of stamp duty on document has to be decided before proceeding further.