Specific Relief Act, 1963 – Sections 16 and 20 – Agreement to Sell – Readiness and Willingness – Merely because in the document the purpose of sale of the property was stated to be for the marriage expenses, the document which otherwise can be said to be an agreement to sell, will not become a loan agreement and/or security document. AIR 2022 SC 1555 : JT 2022 (3) SC 387
Constitution of India – Article 226 – Since the construction of road is an infrastructure project and keeping in view the intent of the legislature that infrastructure projects should not be stayed, the High Court would have been well advised to hold its hand to stay the construction of the infrastructure project. Such provision should be kept in view even by the Writ Court while exercising its jurisdiction. AIR 2022 SC 1531 : JT 2022 (3) SC 392
Medical Law – Post Graduate Medical Education – Admission – Reservation for in-service candidate – Competence of State Legislature. AIR 2022 SC 1543 : JT 2022 (3) SC 250
Land Acquisition Act, 1894 – Acquisition of land for use by Defence Security Forces – Determination of Market Value. AIR 2022 SC 1370 : JT 2022 (3) SC 127
Mesne Profits – the High Court has not at all considered the market rate as per the current potential of the suit property. The High Court has mechanically reduced the mesne profits to 50%. Even if the valuer’s report was for commercial use/commercial property, in that case also, the mesne profits could not have been reduced by 50%. AIR 2022 SC 1375 : JT 2022 (3) SC 124
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 55 – Police to take charge of articles seized and delivered – Compliance of – Officer in-charge of the police station shall take charge of the articles and keep them in safe custody until the same are delivered for FSL examination or delivered by orders of the Magistrate. Hence it is a clear mandate which is required to be followed and regarding compliance of this provision the witnesses have made casual statements – Conviction against the appellants is not sustainable.
Protection of Women from Domestic Violence Act, 2005 – Section 19 (1) (f) – Residence Orders – Alternate accommodation for the aggrieved person – Where the residence is a shared household, it does not create any embargo upon the owner to claim eviction against his daughter-in-law. A strained frictional relationship between the parties would be relevant to decide whether the grounds of eviction exist.
Code of Criminal Procedure, 1973 – Section 482 – Penal Code, 1860 – Ss. 376 (2) 376 (n), 376 (3) & 506 – Protection of Children from Sexual Offences Act, 2012 – S. 6 – Information and Technology Act, 2000 – Section 67 – Parties entered into compromise – FIR Quashed.
Criminal Procedure Code, 1973 -Section 482 – Power of quashing of criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases and it was not justified for the Court in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the inherent powers do not confer any arbitrary jurisdiction on the Court to act according to its whims and fancies. JT 2022 (2) SC 112
Murder Trial – Son killed his father – Accused made a statement that he could no longer bear the ill treatment meted out to his mother, brother and sister by his father and losing control attacked him by hitting him on his head with an iron rod and had no intention to kill his father. 2022 Cri. L.J. 1594