Service -- Appointment - Economically Weaker Section (EWS) Category - Candidates will have to submit a caste certificate/reservation certificate which must exist prior to last date of application or last date of advertisement and should conform to prescribed proforma printed in appendix - If certificates relied upon by appellants were not in respect of financial year prior..........
Indian Penal Code, 1860, Section 435 -- For an offence u/s 435 IPC prosecution must prove that : (a) the accused committed mischief (section 425, IPC); (b) the said mischief was caused by fire or by an explosive substance; (c) the damage caused thereby amounted to: (i) Rs 10 or upwards if it was agricultural produce, or (ii) Rs 100 or upwards if property is of any other..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Conviction - One of the non-negotiable requirements of a fair trial is that the accused persons should have ample opportunity to dispel the case and claims of the prosecution against them - Therefore, procedure under Section 313 CrPC is to be followed which provides accused an opportunity to explain such incriminating..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quality - Recording of finding as mandated in S.37 of the Act is sine qua non for granting bail to accused involved in offences under the Act - Twin conditions provided in the said Section are (i) satisfaction of Court that there are reasonable grounds for believing that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Bail - Offence u/ss 20(b)(ii)(c), 29 of NDPS Act - Petitioner was served with a notice u/s 50 Cr.P.C. - However, there was no disclosure of grounds of arrest - Mere mentioning Section of NDPS Act, registered in the F.I.R., cannot be said..........
Criminal Procedure Code, 1973, Section 340 -- Prosecution of offences - Forgery and perjury - Jurisdiction - Review - "whether a review or recall of an order passed in a criminal proceeding initiated under section 340 of CrPC is permissible or not?" - The Provision explicitly provides that except for clerical and arithmetical error, no court shall alter or review its..........
Limitation Act, 1963, Section 5, West Bengal Premises Tenancy Act, 1997, Section 7(1) -- Limitation - Applicability - Applicability of Limitation Act is subject to provisions of the WBPT Act, meaning thereby, if the time limit has been prescribed to do some act it cannot be extended by aid of proviso of sub-section (2) of Section 7 - Thus, the compliance as required to be..........
Bombay, Maharashtra Stamp Act, 1958, Section 53A -- Limitation - Recovery of the deficit duty is passed on 14 August 2012 which is beyond the period of 6 years and therefore, the impugned orders are beyond the limitation period provided under Section 53A(1) of the Act...........
Bombay, Maharashtra Stamp Act, 1958, Section 32C, 53A -- Limitation - Reasonable time - If Section 53A(1) provides only for initiation of the proceedings within six years then within what time from the date of initiation should an order be passed under Section 53A(1) of the Stamp Act ? - The reasonable period has to be construed based on the Scheme of the Act - The maximum..........
Bombay, Maharashtra Stamp Act, 1958, Section 53A -- Limitation - Validity - Whether the impugned order can be said to have been passed within reasonable period from the expiry of six years, if we accept the submissions of the respondents ? - Impugned order dated 14 August 2012 cannot be said to have been passed within the limitation period of 6 years provided under Section..........
