Indian Penal Code, 1860, Section 302, 304(Part I) -- Murder or culpable homicide not amounting to murder - Grave and sudden provocation - Accused alleged to have inflicted knife blows upon deceased which resulted into death - Accused provoked as there was verbal argument and heated exchange of words amongst accused and complainant and his family members over trivial issue..........
Indian Penal Code, 1860, Section 376 -- Rape of married woman - Prosecutrix was deserted by her husband - She developed intimacy with accused - There was an exchange of 200 phone calls between accused and prosecutrix - Prosecution failed to give any time and date of incident - Medical evidence does not support prosecution - Prosecutrix did not take her mother or anybody..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Challenge to - Held, proposed detenue entitled to challenge detention order at pre-execution stage - He is also entitled to do so after several years had elapsed after passing of detention order on grounds other than five grounds enumerated in Alka Subhash..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 - - Proceedings u/s.7 - Absconding detenu - Challenge to detention orders - Live nexus theory - Held, those who have evaded process of law shall not be heard to say that their fundamental rights are in jeopardy - At least, where proceedings such as the one contemplated u/s.7 of..........
Motor Vehicles Act, 1988, Section 140, 166 -- Accident - Claim petition - Compensation - Claim of compensation in INR - Held, date of filing of the claim petition is the proper date for fixing the rate of exchange at which foreign currency amount has to be converted into currency of the country (INR)...........
Criminal Procedure Code, 1973, Section 156, 482 -- Custodial death - Transfer of investigation to CBI - State investigating agency failed to conduct investigation in fair and impartial manner and abrogated and derelicted its basic sovereign duty to investigate crime - FIR registered u/s.304(Part I)PC instead of S.302 IPC - No investigation relating to previous animosity..........
Securities and Exchange Board of India Act, 1992, Section 30, 11(2)(h), Constitution of India, 1950, Article 14 -- SEBI (Substantial Acquisition of Shares and Takeover) Regulations, Regns.27(1)(d) & 10 - Permission to withdraw from public offer - Rejection of - Validity - Appellants after making a market assessment decided to invoke pledge - Since shares which came to..........
Securities and Exchange Board of India Act, 1992, Section 30, 11(2)(h) -- SEBI (Substantial Acquisition of Shares and Takeover) Regulations, Regns.27(1)(d) & 10 - Permission to withdraw from public offer - Term "such circumstances" - Held, clause (b) and (c) referred to circumstances which pertain to a class, category or genus, that common thread which runs through them is..........
Securities and Exchange Board of India Act, 1992, Section 11, 11B -- Power of Board - Regulation of securities market - Held, SEBI has all the powers to protect interests of investors in securities and also to ensure orderly, regulated, and transparent functioning of stock markets...........
Securities and Exchange Board of India Act, 1992, Section 15Z -- Appeal - Raising new plea - Permissibility - Plea not made before SAT - First time raised in appeal - It is not even pleaded in grounds of appeal but only mentioned only in list of dates - Held, since Court is considering a statutory appeal u/s.15Z of the SEBI Act, same cannot be permitted to be raised for..........
