Indian Penal Code, 1860; Section 306 – Allowing appeal filed by appellant -accused against Madras HC judgment refusing to quash criminal proceedings, SC held: Taking the charge sheet as correct, we find that there were no acts of incitement on the part of the appellant proximate to the date on which the deceased committed suicide. …
Railways Act, 1989; Section 106(3) – There exists a very fine & clear distinction between an overcharge and an illegal charge, and that Section 106 sub-section (3) of the Act, 1989 only applies when the claim is for a refund of an overcharge, for all other charges, be it illegal or not, the said provision …
Arbitration and Conciliation Act,1996 ; Section 48(2)(b) – The most basic notions of morality and justice under the concept of ‘public policy’ would include bias. However, Courts must endeavor to adopt international best practices instead of domestic standards, while determining bias. It is only in exceptional circumstances that enforcement should be refused on the ground …
Environment (Protection) Rules , 1986 ; Rule 5(4)– Article 21 guarantees a right to live in a pollution-free environment. The citizens have a fundamental duty to protect and improve the environment. Therefore, the participation of the citizens is very important, and it is taken care of by allowing them to raise objections to the proposed …
Noble M. Paikada vs Union Of India 2024 INSC 241 – Environmental Clearance – Read More »
Customs Act, 1971 –Section 15(1)(b) would be applicable only when the goods are cleared from the warehouse under Section 68 of the Customs Act i.e. within the initially permitted period or during the permitted extended period. When the goods are cleared from the warehouse after expiry of the permitted period or its permitted extension, the …
BISCO Limited vs Commissioner Of Customs & Central Excise 2024 INSC 231 – Customs Act Read More »
Pleadings – In absence of pleading, any amount of evidence will not help the party – Referred to Biraji @ Brijraji and Anr. v. Surya Pratap (2020) 10 SCC 729,Bachhaj Nahar v. Nilima Mandal (2008) 17 SCC 491, Ram Sarup Gupta (Dead) by LRs v. Bishun Narain Inter College (1987) 2 SCC 555 and Anathula …
Mohan Hirachand Shah vs Geeta Kumarchand Shah 2024 INSC 222 – Pleadings – SLP Scope Read More »
Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 – Applications seeking stay are dismissed -the observations in this order are tentative and are not to be treated as final and binding, as the matter is sub-judice – The judgment in Anoop Baranwal, Court had issued directions …
Dr Jaya Thakur vs Union Of India 2024 INSC 246 – Election Commissioner Appointment Law – Read More »
Additional Duties of Excise (Goods of Special Importance) Act, 1957 – The second Schedule of the ADE Act provides that during each financial year, each State shall be paid a certain percentage of net proceeds of the additional duties levied and collected during the financial year in respect of the goods described in column (3) …
Telangana Prevention of Dangerous Activities of BootLeggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders Land-Grabbers, Spurious Seed Offenders, Insecticide Offenders, Fertiliser Offenders, Food Adulteration Offenders, Fake Document Offenders, Scheduled Commodities Offenders, Forest Offenders, Gaming Offenders, Sexual Offenders, Explosive Substances Offenders, Arms Offenders, Cyber Crime Offenders and White Collar or Financial Offenders Act, 1986 – Preventive Detention …
Indian Evidence Act, 1872; Section 106 -Where the prosecution proves that the deceased was last seen in the company of the accused and the death of the deceased has occurred soon thereafter, the burden would shift upon the accused. However, for that, initially the prosecution will have to discharge the burden. Merely because the appellants …