Electricity Act 2003-Section 108 – The state regulatory commissions are not ‘bound’ by the directions of the state government, or the Central Government -The state commission shall only be ‘guided’ by the directions issued by the state government and is not automatically bound by them – The provision, in no manner, seeks to control the …
Transfer of Property Act,1882- Section 52,41- Once it has been held that the transactions are illegal due to the doctrine of lis pendens, the defence that they are bona fide purchasers for valuable consideration and thus, entitled to protection under Section 41 is liable to be rejected. (Para 14) – the doctrine of lis pendens …
Transfer of Property Act,1882- Section 54– A minor can be a transferee though not a transferor of immovable property- Though an agreement to sell is a contract of sale, a sale cannot be said to be a contract. Sale, going by the definition, is a transfer of ownership in exchange for a price paid or …
Indian Penal Code,1860 –Section 306 [Section 108 of BNS,2023]-The basic ingredients to constitute an offence under Section 306 of the IPC are suicidal death and abetment thereof -The ingredients to constitute an offence under Section 306 of the IPC (abetment of suicide) would stand fulfilled if the suicide is committed by the deceased due to …
Code of Criminal Procedure 1973 – Section 482 -For quashing of criminal charges it must be shown that there is no sufficient evidence to prove a prima facie case against the accused person/s. [In this case, there are statements by witnesses indicating abuse and torture of deceased by her in-laws and other factual circumstances- Therefore …
Summary: Trial Judge did not impose death penalty holding that it does not fit in the category of ‘rarest of rare cases’ – High Court imposed death penalty in appeal – Partly allowing appeal, SC observed: Unless the finding recorded by the Trial Judge was found to be perverse or impossible, the High Court ought …
U.P. Consolidation of Holdings Act, 1954 A“voidable” document continues to be in force until it is set aside and such a document can only be set aside by a competent civil court- Consolidation authorities do not have the jurisdiction and power to cancel a document, which is required to be set aside or cancelled and …
Public Employment –Introducing new requirements into the selection process after the entire selection process was completed amounted to changing the rules of the game after the game was played. (Para 28) [In this case, despite the preparation of the Final Select List which signals the conclusion of the appointment process, the State Government seeks to …
Shashi Bhushan Prasad Singh vs State Of Bihar 2024 INSC 763 – Public Employment Read More »
Public Representative– Matter of removal of an elected public representative should not be treated so lightly, especially when it concerns women belonging to rural areas. It must be acknowledged that these women who succeed in occupying such public offices, do so only after significant struggle. [In this case, the Collector passed an order disqualifying the …
Manisha Ravindra Panpatil vs State Of Maharashtra 2024 INSC 762- Public Representative Read More »
Income Tax Act, 1961 -Sections 139 and 143- In this case, the appellant-assessee filed a return of income on 19th November 1989 for the assessment year 1989-90. On 31st October 1990, the appellant filed a revised return. As per intimation issued under Section 143(1)(a) of the IT Act on 27th August 1991, the appellant paid …