Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 37 -- Contraband - Bail - Statements of co-accused u/s 67 and mere WhatsApp chats or phone call logs without voice recordings or transcripts are insufficient to establish a nexus with drug trafficking and do not satisfy the reasonable-grounds test u/s 37 of the Act - Call logs alone cannot prove a criminal..........
Service -- Dearness allowance (DA) and Dearness relief (DR) - DA is paid to serving employees whereas DR is paid to pensioners - Object of both DA and DR is common, which is to enable serving employees/pensioners meet the exigencies of inflation - Since, inflation hits both serving and retired employees with equal force, therefore, fixing different rates of enhancement of..........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Banking service - Merely because a fixed deposit receipt earns interest does not mean that banking service availed is for a commercial purpose - However, if deposit is made to leverage credit facilities for augmenting business, it would have a direct nexus with revenue..........
Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - Where alleged act has a reasonable nexus with discharge of official duty, protection u/s 197 Cr.P.C. is attracted - Test is not whether the act was strictly lawful but whether it was performed in the course of official duty or had a reasonable connection with such duty - Even if the act is alleged to..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent act - Compromise - Quashing of FIR - Offence u/s 304-A IPC is not merely between accused and complainant but have a direct nexus with public safety - Acceptance of a compromise in such matters would be contrary to larger public interest - Quashing petition dismissed...........
Service -- Recruitment - Change in selection process after interviews were held i.e when all stages of participation by a candidate in selection process were over, cannot be termed transparent and does not have a rational nexus to object sought to be achieved - Change in selection process rightly declared as arbitrary by High Court...........
Criminal Procedure Code, 1973, Section 340 -- Once main case stood compounded, initiation of action on an application filed by a stranger, who had no nexus with original case could not justify continuation of proceedings u/s 340 Cr.P.C...........
Consumer Protection Act, 1986, Section 2(1)(d)Explanation -- Consumer complaint - Commercial purpose - Transaction of purchase of goods/services had a nexus with generation of profits - Therefore, qua that transaction appellant cannot be considered a consumer as defined in S.2(1)(d) of the Act...........
Tender -- Supply of sports kits to Government Schools - Tender condition has the effect of excluding bidders who though otherwise financially sound and technically competent, have no experience of supply of sports goods to State Government agencies in past three years - State by linking eligibility criteria with past local supplies has created an artificial barrier..........
Employee's Compensation Act, 1923, Section 3 -- Accident - Compensation - Expression "accident arising out of and in the course of his employment" occurring in S.3 of the Act include accident occurring to an employee while commuting from his residence to place of employment for duty or from place of employment to his residence after performing duty, provided the nexus..........
