Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Section 117(4) and Related Provisions Several cases discuss the interpretation and application of Section 117(4) of the Bharathiya Nyaya Samhitha (BNS). The provisions often relate to the vesting, resumption, and lawful possession of land, especially under land reform acts like the U.P. Z.A. & L.R. Act. Courts have examined whether land vested in the State or Gaon Sabha and whether resumption orders are valid based on the evidence of lawful possession and compliance with statutory conditions ["2024 Supreme(Online)(ALL) 2552"].
Case Law on Vesting and Resumption of Land Courts have held that land vested in the State under Sections 4 and 117 of the U.P. Z.A. & L.R. Act, with detailed analysis of whether the land was lawfully occupied or possessed at the time of vesting. For example, in Ram Shri and Maharaj Singh cases, the courts clarified that vesting under Section 117(6) is for specific purposes and that the land could be resumed if the conditions of lawful possession and statutory compliance are met ["2024 Supreme(Online)(ALL) 2552"].
Judicial Interpretation of Conditions and Rights The courts have emphasized that the words any condition in the statute do not confer absolute power on authorities to impose any condition arbitrarily. The conditions for resumption or vesting must be satisfied, and the rights of occupants, especially Scheduled Caste or Scheduled Tribe agricultural laborers, are protected under specific provisions like Section 122-B(4-F) ["2024 0 Supreme(All) 271"].
Case Law on Land Rights and Occupation In cases involving long-standing occupation, courts have examined whether the land was lawfully possessed and whether the government’s orders for resumption were justified. The courts have consistently held that the land vested in the State and could be resumed if the statutory requirements are fulfilled, and the occupant’s rights are considered within the framework of the law ["2023 Supreme(Online)(JHK) 5324"].
The case law indicates that Section 117(4) of the Bharathiya Nyaya Samhitha primarily deals with the conditions under which land vesting and resumption are lawful. Courts have consistently emphasized the importance of verifying lawful possession, adherence to statutory procedures, and the purpose of vesting or resumption. Land vested in the State or Gaon Sabha can be resumed if the statutory conditions are met, but arbitrary imposition of conditions is not permissible. Rights of vulnerable groups, such as Scheduled Caste or Scheduled Tribe laborers, are also protected under specific provisions.
References:- 2024 Supreme(Online)(ALL) 2552: Land vesting and resumption under Sections 4, 117 of U.P. Z.A. & L.R. Act, including judicial interpretations.- Ram Shri and Maharaj Singh cases: Clarify the purpose of vesting and the scope of resumption orders.- 2024 0 Supreme(All) 271: Rights of agricultural laborers and conditions for land resumption under Section 122-B(4-F).- 2023 Supreme(Online)(JHK) 5324: Cases involving land occupation, lawful possession, and statutory compliance under land reform laws.
In the world of legal proceedings, the phrase often arises in specific statutory contexts. A common query is: What is Meant by under ? Referring to the (NI Act), Section 142(2) clarifies that in cases under Section 138, the court's jurisdiction is typically deemed invoked when the Magistrate issues summons to the drawer, rather than merely upon filing the complaint. This provision prevents abuse and ensures genuine before the court assumes control. 2024 0 Supreme(P&H) 1135'>'2024 0 Supreme(P&H) 1135'
This concept of precise jurisdictional activation is not unique to the NI Act. Similar rigorous standards apply in measures under (BNS), where magistrates' powers to maintain peace are subject to strict procedural safeguards and jurisdictional limits. Drawing parallels helps demystify these principles, offering valuable insights for litigants, lawyers, and law enthusiasts. This post delves into key case law and guidelines, highlighting how jurisdiction must be properly invoked to avoid invalid orders.
empowers magistrates to issue and maintain peace, particularly through its subsections addressing emergency scenarios. are pivotal: (1) initiates inquiry procedures, while (3) allows in urgent cases. However, these powers are not absolute; they demand careful invocation of jurisdiction, much like the summons requirement in NI Act Section 142(2). Courts stress that orders under are for true emergencies and require prior procedural steps. Failure to adhere renders them liable to be set aside. 1966 0 Supreme(Del) 138'>'1966 0 Supreme(Del) 138'
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Orders under are reserved for imminent threats to peace. Magistrates must exercise 'utmost care and caution,' as a delay in action may indicate no real emergency exists. The court emphasized that such orders must be passed with utmost care and caution, indicating that a lack of immediate action may suggest no emergency exists. 1966 0 Supreme(Del) 138'>'1966 0 Supreme(Del) 138'
In Tara Chand Case, the order was quashed for being passed mechanically without assessing urgency. 1968 0 Supreme(Del) 18'>'1968 0 Supreme(Del) 18'
Jurisdiction under cannot be invoked standalone. It hinges on a preceding order under , which starts the substantive inquiry. The has ruled that an order under can only be passed after an order under has been issued, as specifically refers to actions taken following an order under .
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'1956 0 Supreme(Pat) 116'>'1956 0 Supreme(Pat) 116'
The Tejsingh Case exemplified this: the order was set aside for lacking a prior order, underscoring procedural compliance.
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Any order must include recorded reasons to justify jurisdiction invocation. Absent this, it becomes illegal and arbitrary. Courts routinely quash unreasoned orders. 1956 0 Supreme(Pat) 116'>'1956 0 Supreme(Pat) 116'
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Magistrates lack jurisdiction to issue blending and 117(3), as each demands distinct processes. A Magistrate cannot pass a composite order under both and . Each section serves distinct purposes and requires separate procedural adherence. 1961 0 Supreme(Pat) 92'>'1961 0 Supreme(Pat) 92'
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This mirrors NI Act precision, preventing premature or bundled jurisdiction claims.
Tara Chand Case: Order under deemed illegal due to mechanical issuance without emergency evaluation. 1968 0 Supreme(Del) 18'>'1968 0 Supreme(Del) 18'
Tejsingh Case: invalidated the order absent prior compliance, prioritizing procedure.
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Dulal Chandra Mandal Case: Exceptionally, upheld order pre-inquiry under 117(1), if preliminary steps taken—showing flexibility within bounds. 1952 0 Supreme(Cal) 175'>'1952 0 Supreme(Cal) 175'
Rulings: Reinforced separate treatment for Sections 112 and 117(3). 1961 0 Supreme(Pat) 92'>'1961 0 Supreme(Pat) 92'
These cases illustrate how courts scrutinize jurisdiction invocation, akin to NI Act summons mandates.
Section 117 principles extend to substantive offences, like those under (causing hurt to public servants), often triggering peace bonds or bail denials.
In multiple Kerala cases, was denied for offences under equivalents and , due to assault on officers during inquiries. The court established that serious charges against a petitioner, especially involving violence against public servants, justify the denial of . 2022 Supreme(Online)(KER) 7707'>'2022 Supreme(Online)(KER) 7707'2022 Supreme(Online)(KER) 16416'>'2022 Supreme(Online)(KER) 16416'
Bail rejections emphasized pattern of violence: The court found that the allegations against the petitioner were severe and supported by evidence that indicated a pattern of violent behavior during police interactions. 2022 Supreme(Online)(KER) 16416'>'2022 Supreme(Online)(KER) 16416'
In Ludhiana FIRs under , dismissed for grievous injuries, stressing custodial needs. should only be granted in exceptional circumstances, considering the seriousness of allegations and the necessity of . 2024 0 Supreme(P&H) 1330'>'2024 0 Supreme(P&H) 1330'
Punjab cases under BNS 117(2) saw bail granted where custody unjustified, balancing severity. The court articulated that continued custody of the petitioner was unjustified in light of the charges and circumstances. 2025 Supreme(Online)(HP) 4089'>'2025 Supreme(Online)(HP) 4089'
These illustrate how Section 117 offences invoke magistrate jurisdiction for bail or bonds, requiring evidence-based scrutiny.
Second bail petitions under analogous provisions need substantial changes, not mere new evidence. 2024 0 Supreme(P&H) 1135'>'2024 0 Supreme(P&H) 1135'
Properly invoking jurisdiction, whether under NI Act Section 142(2) via summons or BNS Section 117 through procedural compliance, safeguards justice. Key findings include:- Emergency orders demand utmost caution and prior orders. 1966 0 Supreme(Del) 138'>'1966 0 Supreme(Del) 138'
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'- Reasons must be recorded; are invalid. 1961 0 Supreme(Pat) 92'>'1961 0 Supreme(Pat) 92'- Analogous to NI Act, premature invocation risks quashing.
Recommendations:- Magistrates: Document emergencies and follow sequences.- Practitioners: Challenge non-compliant orders early.- Review compliance in peace or cheque cases.
Disclaimer: This post offers general insights based on case law and is not legal advice. Laws may vary by facts; consult a qualified attorney for personalized guidance.
References: 1966 0 Supreme(Del) 138'>'1966 0 Supreme(Del) 138'
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'1961 0 Supreme(Pat) 92'>'1961 0 Supreme(Pat) 92'1952 0 Supreme(Cal) 175'>'1952 0 Supreme(Cal) 175'1968 0 Supreme(Del) 18'>'1968 0 Supreme(Del) 18'1956 0 Supreme(Pat) 116'>'1956 0 Supreme(Pat) 116'2022 Supreme(Online)(KER) 7707'>'2022 Supreme(Online)(KER) 7707'2022 Supreme(Online)(KER) 16416'>'2022 Supreme(Online)(KER) 16416'2024 0 Supreme(P&H) 1330'>'2024 0 Supreme(P&H) 1330' #NIAct138, #BNSSection117, #LegalJurisdiction
Section 3(5) of the Bharathiya Nyaya Sanhita, 2023, is in progress. ... Learned Public Prosecutor would also submit that in the subject crime, bearing no.784/2024, the offence under Section 118(1) of the Bharathiya Nyaya Sanhita, 2023, has been deleted, and presently, the investigation in respect to the offences under Section 117(2), 115(2), 127(1) and 351(2), read with ... by accused nos.1 to 4 in Crime No.784/2024 of Kunnathunadu ....
BNS and is punishable under Section 117(2) of the BNS , Atma Singh vs. State of Punjab 1980 Crim. ... L.J. 1220; hence, prima facie the allegations do not make out a case for the commission of an offence punishable under Section 109 of Parvez Noordin Lokhandwalla v. ... The words “any condition” used in the provision should not be regarded as conferring absolute power on a court of law to impose any condition that it chooses to impose.
section 25(4) of the IRA 2006). ... The Court of Appeal considered the following identical question in that case: “Has the Board of Review erred in law by coming to the conclusion that it was not prevented from reopening this case since section 4(3) of the Inland Revenue (Special Provisions) Act, No. 10 of 2003 ( ... 117(12) when such appeal is deemed to have been allowed by operation of law. ... Investment of Sri Lanka La....
Section 122-B(4-F) of the Act of 1950. ... Sub-section (4-C) further provides that the order of Assistant Collector or the Collector as the case may be, is final. 21. ... The case set up by the petitioner, in the instant case, is that in terms of Section 122-B(4-F) of the Act of 1950, he had acquired the rights over part of Gata No. 458/0.2960 Hect. 18. ... 15.07.2023, quoted above, in the light of settled law on t....
4. ... 117 of the Central Goods and Services Tax Rules, 2017 as ultra vires of sub- Section (3) of Section 140 of the Central Goods and Services Tax Act, --- --- Petitioner Versus 1.Union of India (i) Through the Secretary, Ministry of Finance (Dept. of Revenue), New Delhi (ii) Through the Secretary, Ministry of Law ... Nodal Officer, Grievance Related Committee, State Tax, Ranchi 2.The Chief Commissioner of Central Tax, Goo....
4. ... 117 of the Central Goods and Services Tax Rules, 2017 as ultra vires of sub- Section (3) of Section 140 of the Central Goods and Services Tax Act, --- --- Petitioner Versus 1.Union of India (i) Through the Secretary, Ministry of Finance (Dept. of Revenue), New Delhi (ii) Through the Secretary, Ministry of Law ... Nodal Officer, Grievance Related Committee, State Tax, Ranchi 2.The Chief Commissioner of Central Tax, Goo....
B.A.No.2322 of 2022 related to Crime No.291 of 2021 of Agali Police Station, Palakkad District registered alleging commission of offences punishable under Sections 353, 333 and 34 of IPC and Section 117 ... B.A.No.2325 of 2022 related to Crime No.156 of 2021 of Agali Police Station, Palakkad District registered alleging commission of offences punishable under Sections 341, 353 of IPC and Section 117(a) of Kerala Police Act. ... 4. ... The prosecution case#....
B.A.No.2322 of 2022 related to Crime No.291 of 2021 of Agali Police Station, Palakkad District registered alleging commission of offences punishable under Sections 353, 333 and 34 of IPC and Section 117 ... B.A.No.2325 of 2022 related to Crime No.156 of 2021 of Agali Police Station, Palakkad District registered alleging commission of offences punishable under Sections 341, 353 of IPC and Section 117(a) of Kerala Police Act. ... 4. ... The prosecution case#....
117(6) of the Act. ... 117(6) - Petitioners failed to prove lawful possession or existence of buildings on date of vesting - Resumption order valid. ... Petitioners claimed ownership based on long-standing occupation - Court held that land vested in State and could be resumed under Section ... The Court also considered in detail the provisions of Section 4, Section 6 and Section 9 of the U.P.Z.A. & L.R. Act and discussed the law as laid down in State....
... ... Findings of Court: ... The court held that the land had vested in the State and could be resumed under Section 117(6). ... The Court considered section 4, which related to vesting of estates in the State and the State Government. 50. ... Section 117(6). ... But the vesting in Section 117 of the estates mentioned is altogether for a different object and purpose than one which is contemplated by Section #H....
FIR No. Dated Police Station Sections 132 29.09.2024 Dakha, District Ludhiana Rural 115(2), 117 (2), 190, 191(3), 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (For short “BNS”) (110 and 117 (4) of BNS added later on) 2024, he received a message through his friend that Manjit Kaur wanted to meet him at Baba Chicken, Mullanpur. On the same day, on receipt of this information, the complainant went to meet her at the shop of Baba Chicken Mullanpur wherein, she started hurling abuses to him. Then she calle....
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). 9. The precedents, apropos to the matter(s) in issue, are as follows: [(4) Nothing in thi....
Any single heir may consent so as to bind his own share.” Bequests of heirs - A bequest to an heir is not valid unless the other heirs consent to the bequest after the death of the testator. 3. Section 117 of the Mulla’s Principles of Mahomedan Law deals with bequest to an heir and provides as under:- “117.
Even then, the petitioner has proved his title, Ex.A8 for Survey No.117/4 and marked sale deeds in Exs.A1 and A2 and patta in Ex.A3 whereas the defendant filed Exs. B1 to 3 regarding his title and Exs.B1 and 2 are relating to some other land and not related to Survey No.117/4.
Bye-law-4 of the Primary School provides that the removal of any office bearer of the Committee of Management of the Primary School shall be first considered by the Committee of Management of the Primary School which shall have the power to remove the office bearer and fill up the resultant vacancy but information about this should be immediately sent to the President of the Trust who shall call a meeting of the Executive Body of the Trust within a period of one month for approval of the resolution of the Committee of Management and the decision of the Committee of Management of the Primary ....
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