Criminal Procedure Code, 1973, Section 173(8), 190 -- Further investigation - Cannot be directed by Magistrate at the instance of de facto complainant after taking cognizance of offence on the basis of charge sheet submitted by police...........
Civil Procedure Code, 1908, Order 8, Rule 6 -- Set off - Recovery suit - Only an ascertained sum of money legally recoverable by defendant from plaintiff can be set off in a suit for recovery of money...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Recovery suit - Plea of adjustment - Settlement of amount towards dues of plaintiff took place before institution of suit which is an indication that plea is one for adjustment - Court below refused to countenance the plea of adjustment on the premise that no counter claim was filed by defendant in the claim..........
Right to Information Act, 2005, Section 8(1)(g), 8(1)(h), Constitution of India, 1950, Article 226, 227 -- Prohibition on disclosure of information - Power of Court u/arts.226, 227 of Constitution - Once RTI Act provides for exemption from disclosure of certain types of information provided Commission can justify denial on grounds that it falls under the said provisions,..........
Right to Information Act, 2005, Section 8(1)(g), 8(1)(h) -- Prohibition on disclosure of information - Seeking certified copies of official case file containing remarks of I.O. and supervisory remarks of Director, CBI - Disclosing said information would endanger life and physical safety of persons apart from identifying source of information - Therefore, information would..........
Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, Section 8 - - Provisions contained in S.8 of the Act - Mandatory in nature...........
Constitution of India, 1950, Article 14, 16, 43, Maharashtra Universities Act, 1994, Section 8(3), Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Non-Teaching Employees Revised Pay) Rules, 2009, Rule 17 -- Pay scale - Benefits of 5th Pay Commission - Non-teaching staff of unaided colleges - There is no justification in excluding no,..........
Maharashtra Universities Act, 1994, Section 8(3), 14(8), Maharashtra Non-Agricultural Universities and Affiliated Colleges Standard Code (Non-Teaching Employees Revised Pay) Rules, 2009, Rule 17 -- Pay scale - Benefits of 5th Pay Commission - Non-teaching staff of unaided colleges - As per S.14(8) of the Act, Vice-Chancellor can issue such order if only Universities Act,..........
Constitution of India, 1950, Article 162, Maharashtra Universities Act, 1994, Section 8(3) -- Authority of State under Art.162 of Constitution and S.8(3) of the Act - Difference, (i) statutory authority u/s 8(3) of the Act can be abrogated anytime by Legislature while constitutional authority under Art.162 of Constitution cannot be abrogated by State Legislature; (ii)..........
Constitution of India, 1950, Article 162, Maharashtra Universities Act, 1994, Section 8(3) -- Absence of recital of source of power - Cannot determine legal status of instrument or deprive instrument of its efficacy...........
