Section 482 Cr.P.C: There is no blanket rule that a second petition under Section 482 Cr.P.C. would not lie. It depends upon the facts and circumstances. However, it is not open to a person aggrieved to raise one plea after the other, by invoking the jurisdiction of the High Court under Section 482 Cr.P.C., though all such pleas were very much available even at the first instance. Permitting the filing of successive petitions under Section 482 Cr.P.C. ignoring this principle would enable an ingenious accused to effectively stall the proceedings against him to suit his own interest and convenience, by filing one petition after another under Section 482 Cr.P.C., irrespective of when the cause therefor arose. Such abuse of process cannot be permitted
Permanent Establishment: One of the sine qua non for a fixed place PE is that the place through which the business is carried on must be ‘at the disposal’ of the enterprise. The degree of control and supervision exercised, and the presence of ownership, management, or operational authority have to be seen. On facts, the assessee exercised pervasive and enforceable control over the hotel’s strategic, operational, and financial dimensions. It had powers which went well beyond mere consultancy and indicated that the assessee was an active participant in the core operational activities of the hotel.
S. 498A IPC: Guidelines framed by the High Court of Allahabad to prevent fake dowry harassment cases shall remain in effect and be implemented by the appropriate authorities. No arrest or police action to nab the named accused persons shall be made after lodging of the FIR or complaints without concluding the “Cooling-Period” which is two months from the lodging of the FIR or the complaint.
Irretrievable breakdown of marriage: The continuance of marriage shall only fuel animosity and litigation between the parties, which runs contrary to the ethos of matrimonial harmony envisioned by the law. It cannot be expected by the husband to now continue in a marital bond with the wife, a partner who had filed and fought a false case against her husband and in-laws
Section 42 of the Partnership Act, 1932: In the case of a firm with more than two partners, if one of the partners dies or retires, there is change in the constitution of the firm but there is no dissolution
A wife can always apply for passport without the permission or signature of the husband in any form. The practice of insisting for permission from the husband to apply for passport, does not augur well for a society which is moving towards woman's emancipation. This practise is nothing short of male supremacism.
Whether the wife can object to the husband relying on WhatsApp chats on the ground that the husband installed an application in wife’s mobile, without her consent, and infringed her rights to privacy. The wife argued since the evidence has been collected by illegal means, the husband cannot be allowed to rely upon such evidence and such evidence is inadmissible in evidence and also that the evidence collected by husband is in violation of Section 43, 66 & 72 of the Information Technology Act.
In proceedings arising out of matrimonial discord, there is tendency of wife to implicate the husband and his family members in the web of crime. The police complaint is considered in such matters as the only panacea to teach lesson to the family members of the husband. As such, only out of ulterior motive to settled personal score wife makes generalized and sweeping accusation unsupported by concrete evidence. As a result, the family members of husband has to face the agony of criminal trial, when no prima facie case is made out against them
Registration of a document gives notice to the world that such a document has been executed is not to confer an unimpeachable validity on all such registered documents. An unregistered sale agreement does not confer valid title
Consumer Complaints: The authority responsible for the housing scheme is liable to refund the principal amount with interest to aggrieved homebuyers in cases of delay or non-delivery delay but is not liable to compensate the homebuyer for the interest on the loan taken for purchase of the property