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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.

Summoning order–Petition under Section 482 Cr.P.C. against summoning order–Petition dismissed by High Court stating that remedy of revision under Section 397 Cr.P.C. also available–Held; it is difficult to conceive that jurisdiction of High Court would be held to be barred only because the revisional jurisdiction could also be availed of.

Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2055 of 2008 Dharimal Tobaco Products Ltd. v. Sate of Maharashtra {Decided on 17/12/2008}…

Tamil Nadu General Sales Tax, 1959 – Section 7A – Levy of purchase Tax – Purchase of empty bottles – Course of business of manufacture and sale of Beer and IMFL – Entire scheme of Section 7-A of the Act, nowhere any exception is provided that if a particular commodity or goods would be subjected to sales tax in the event of their sale, they may not be liable to purchase tax

  SUPREME COURT OF INDIA DIVISION BENCH THE COMMERCIAL TAX OFFICER AND ANOTHER — Appellant Vs. MOHAN BREWARIES AND DISTRILLERIES LIMITED — Respondent ( Before : A.M. Khanwilkar and Dinesh…

Motor Vehicles Act, 1988 – Section 168 – Accidental Death Loss of consortium and loss of love and affection are not separate heads for compensation – HELD the relevant compensation criteria death case, are : (i) the age of the deceased at the time of his death; (ii) the number of dependants left behind by the deceased; and (iii) the income of the deceased at the time of his death.

  SUPREME COURT OF INDIA FULL BENCH UNITED INDIA INSURANCE COMPANY LIMITED — Appellant Vs. SATINDER KAUR @ SATWINDER KAUR AND OTHERS — Respondent ( Before : S. Abdul Nazeer,…

8 year old child wanted to live with father, however Custody given to mother for one year HELD Empirical studies show that mother infant “bonding” begins at the child’s birth and that infants as young as two months old frequently show signs of distress when the mother is replaced by a substitute caregiver.

SUPREME COURT OF INDIA Before :- J. Chelameswar and A.K. Sikri, JJ. Civil Appeal No. 3962 of 2016. D/d. 13.2.2017. Vivek Singh – Appellants Versus Romani Singh – Respondents For…

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