Securities and Exchange Board of India Act, 1992, Section 11(3), 24, 26, 27 -- Securities and Exchange Board of India (Prohibition of Fraudulent and Unfair Trade Practices Related to Securities Market) Regulations, 1995, Reguls. 6(d), 7 - Violation of Regulations - Complaint - Limitation - It was only after investigation report submitted to Board and approved that Board..........
Service -- Temporary or ad hoc appointment - No person can be appointed even on temporary or ad hoc basis without inviting applications from all eligible candidates - If any appointment is made merely inviting names from employment exchange or putting a note on notice board etc., it violates the mandate of Arts.14 & 16 of constitution - A person appointed in violation of..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - There was hot exchange of words between deceased and accused before the incident and thereafter accused dealt a blow with the back of spade on the back head of deceased - Eye witness supported the prosecution case - Medical evidence shows that head injury of deceased was sufficient..........
Indian Penal Code, 1860, Section 302, 304 - - Nature of offence - Spontaneous exchange of words as regards sharing of remaining amount after consumption of liquor led to sudden fight in heat of passion between accused and deceased - No prior motive or enmity between them as both are close relatives - No evidence to hold that accused took undue advantage or had acted in an..........
Foreign Exchange Regulation Act, 1973, Section 31(1) -- Restrictions on acquisition, holding etc. of immovable property in India by a person who is not citizen of India - Plaintiffs could not have purchased any immovable property situated in India without seeking prior permission of Reserve Bank of India - Even a joint venture company could not have purchased the same..........
Agreement of exchange -- Specific performance - Held, a contract for exchange can be specifically enforced. (Transfer of Property Act, 1882, S/118, Specific Relief Act, 1963, S.10)...........
Prevention of Corruption Act, 1988, Section 12, 7, Indian Penal Code, 1860, Section 107, 120B -- Sting operation by private persons - Held, a journalist or any other citizen who has no connection with favour that is allegedly sought in exchange for bribe offered cannot be imputed with necessary intent to commit offence of abetment u/s 12 or that of conspiracy u/s.120-B..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Object of COFEPOSA - Delay in issuing detention order - Held, COFEPOSA intends to deal with persons engaged in smuggling activities who pose a serious threat to economy and thereby security of nation - Such persons by virtue of their large resources and influence cause delay..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- COFEPOSA - Preventive detention - Validity - Prejudicial activity which prompted sponsoring authority to recommend for detention of detenu under COFEPOSA had taken place on 17th of November, 2012 - Allegation related to export of red sanders through International Container..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- COFEPOSA - Preventive detention - Detention order passed on 6.5.2013 and served on 11.6.2013 - Held, detention order cannot be said to have been vitiated on this ground...........
