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Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery. Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC. Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix. State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later. Insolvency and Bankruptcy Code, 2016 — Section 62; Section 14(1)(d) — Appeal against NCLAT order setting aside NCLT order directing return of property — NCLT had directed return of property based on CoC decision that property not required by corporate debtor — NCLAT set aside NCLT order invoking Section 14(1)(d) barring recovery of property during CIRP — Supreme Court held that Section 14(1)(d) not applicable as CoC and Resolution Professional initiated the process for returning property due to financial burden of rentals, and not a simple recovery by owner — Commercial wisdom of CoC regarding non-retention of property given primacy — NCLAT order set aside, NCLT order restored.

HELD “Mere production of photocopy of an OPD card and statement of mother on affidavit have little, if any, evidentiary value. In order to successfully claim defence of mental unsoundness under Section 84 of IPC . Further, it must be established that the accused was afflicted by such disability particularly at the time of the crime and that but for such impairment, the crime would not have been committed

  “Belated claims not only prevent proper production and appreciation of evidence, but they also undermine the genuineness of the defence’s case.” “Pleas of unsoundness of mind under Section 84…

REHA CHAKRABORTY – CBI – HELD Appropriate to invoke the powers conferred by Article 142 of the Constitution. As a Court exercising lawful jurisdiction for the assigned roster, no impediment is seen for exercise of plenary power in the present matter. Therefore while according approval for the ongoing CBI investigation, if any other case is registered on the death of the actor Sushant Singh Rajput and the surrounding circumstances of his unnatural death, the CBI is directed to investigate the new case as well.

HELD Appropriate to invoke the powers conferred by Article 142 of the Constitution. As a Court exercising lawful jurisdiction for the assigned roster, no impediment is seen for exercise of…

IN RE: REGISTRATION OF BS IV VEHICLES HELD we allow registration of vehicles only, not registered during lockdown in March, 2020 and for no other reason” “in the Delhi & NCR, NO registration of the vehicles of BS-IV is to be made after 31.03.2020. This is for the rest of the country and only due to lockdown, not to be used for any other purpose/reason and for registration of other vehicles of which registration was not done for any other reason.

IN RE: REGISTRATION OF BS IV VEHICLES HELD we allow registration of vehicles only, not registered during lockdown in March, 2020 and for no other reason” “in the Delhi &…

AGR Case] ‘Why Shouldn’t Jio Pay Dues Of Reliance Communications For Using Its Spectrum?’ SCOI Asks Reliance Jio HELD directed them (telcos) to place on record the information relating to Agreement entered into with respect to using of spectrum by the respective parties.

AGR Case] ‘Why Shouldn’t Jio Pay Dues Of Reliance Communications For Using Its Spectrum?’ SC Asks Reliance Jio Justice Mishra: Jio is using since 2016(spectrum). Why should we not ask Jio…

(IPC) – Ss 304B, 498A and 406 – Dowry Prohibition Act, 1961 – Ss  3 and 4 – Wife commits suicide due to dowry harassment, cruelty & torture by husband – H C granted bail to husband – Appeal by father of victim. Impugned order set aside husband directed to surrender – Bail bonds cancelled.

SUPREME COURT OF INDIA DIVISION BENCH PREET PAL SINGH — Appellant Vs. THE STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Arun Mishra and Indira Banerjee, JJ.…

Appellants pleaded fraud on part of Gaon Sabha in support of appeal and sought reversal of High Court judgement in RSA. HELD It is fairly well settled that fraud has to be pleaded and proved. More so, when a judgment and decree passed earlier by the competent court is questioned, it is necessary to plead alleged fraud by necessary particulars and same has to be proved by cogent evidence. Appeal dismissed

Appellants pleaded fraud on part of Gaon Sabha in support of appeal and sought reversal oh High Court judgement in RSA. HELD It is fairly well settled that fraud has to…

Authority of the “Monitoring Committee to seal the residential premises on the private land” particularly when they are not being used for the “commercial purpose” in Vasant Kunj and Rajokari area. HELD whether the premises are authorized or unauthorized, can be regularized or not, compounding can be done, or whether there is any deviation made. The report of the Monitoring Committee and findings recorded by it are of no use as it had no such authority to go into such questions. Properties de-sealed.

We are not going into the merits of the other submissions, whether the premises are authorized or unauthorized, can be regularized or not, compounding can be done, or whether there…

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