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Whether proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 can be used to decide title disputes? Recently, vide judgement dated 14th October, 2022 in Pawan Kumar and Anr. v. Divisional Commissioner Department of Revenue, Govt of Delhi and Others in LPA 525/2022, the Delhi High Court held as under: “9.…
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Relying on H. Venkatachala Iyengar v. B.N. Thimmajamma, 1959 Supp (1) SCR 426 (3Judge Bench), Bhagwan Kaur v. Kartar Kaur, (1994) 5 SCC 135 (3Judge Bench), Janki Narayan Bhoir v. Narayan Namdeo Kadam, (2003) 2 SCC 91(2Judge Bench) Yumnam Ongbi Tampha Ibema Devi v. Yumnam Joykumar Singh, (2009) 4 SCC 780 (3Judge Bench) and Shivakumar…
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The Supreme Court of India in Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and Ors, 2021: (2021) 19 SCC 401; SCC OnLine SC 315 held as hereunder- “In view of the above and for the reasons stated above, our final conclusions on the principal/core issue, whether the High Court would be justified in passing…
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1. What are Cross-FIRs or Cross Cases? Cross cases or Cross FIRs refer to situations where two parties file separate First Information Reports (FIRs) in response to an incident, each accusing the other of a crime. This typically happens when both parties involved in an altercation or dispute accuse each other of wrongdoing, leading to…
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“11. In this connection we would like to state that if a person has a grievance that the police station is not registering his FIR under Section 154 CrPC, then he can approach the Superintendent of Police under Section 154(3) CrPC by an application in writing. Even if that does not yield any satisfactory result…
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The phrase Honourable Acquittal is neither defined in Criminal Procedure Code (CrPC) nor defined in Indian Penal Code (IPC). However, the Hon’ble Supreme Court in a plethora of cases has deliberated on the issue (of honourable acquittal) to clarify the concept and its wide ramifications 1. Introduction Acquittals play a crucial role in the criminal…
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The Supreme Court of India in Manohar Lal Sharma vs. Principal Secretary and ors., (2014) 2 SCC 532 held- 29. In the criminal justice system the investigation of an offence is the domain of the police. The power to investigate into the cognizable offences by the police officer is ordinarily not impinged by any fetters.…
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