Indian Penal Code, 1860, Section 304 -- Culpable homicide not amounting to murder - 3 stages to determine whether offence is "murder" or "culpable homicide not amounting to murder" - Stage 1 deals with question, whether accused committed act which caused death of another person - Proof of causal connection between act of accused and resulting death, leads to second stage,..........
State Financial Corporation Act, 1951, Section 29, Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act,1993, Micro, Small and Medium Enterprises Development Act,2006 -- Maintainability of Suit - The trial Court however, without analyzing the scope and applicability of the S.F.C. Act, 1951, the requirement of mandatory notice under Section..........
Limitation Act, 1963, Section 21, State Financial Corporation Act, 1951, Section 29 -- Execution - Maintainability - An exercise must be done while deciding the application and a further order is to be passed to that effect immediately and not after the suit is decreed - The records reveal that the application under section 21 was filed only in 2005 - after the decree had..........
Indian Penal Code, 1860, Section 341, 290, 171F, 34, Police Act, 1861, Section 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 341, 290, 171-F, 34 IPC, and S.34 of Police Act - Quashing of proceedings - FIR and charge-sheet neither disclose any act committed or illegal commission that caused common injury, danger, annoyance to public or any section of public..........
Indian Penal Code, 1860, Section 307, 148, 149, 326, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Applicability - As per Section 7A of the Act of 2000, the claim of juvenility may be raised before any Court at any stage of the proceeding and such claim is required to be determined in terms of the provisions of the Act of 2000 and rules made..........
Indian Penal Code, 1860, Section 420, 120B, 34 -- Offence u/ss 420, 120-B, 34 IPC - Successive FIR - Section 300 CrPC debars a second trial - This is based on the public policy that no one should be harassed twice for the same offence by putting him to trial again and again - Moreover, it has been well settled that successive FIRs in respect of a same cognizable offence..........
Central Goods and Services Tax Act, 2017, Section 129(3) -- Detention of vehicle - Issue is whether upon payment of tax and penalty by the appellant within the time stipulated in the notice under section 129(3), the proper officer is still mandatorily required to pass a final order under section 129(3) - Compliance with procedural requirements is essential not only for..........
Arbitration and Conciliation Act, 1996, Section 43, Micro Small and Medium Enterprises Development Act, 2006, Section 18 -- Applicability of provisions of Limitation Act to conciliation and arbitration proceedings initiated u/s 18 of the Act - Considering the overriding effect of the provisions of the MSMED Act and the clear language of Section 18(3), Section 43 of the ACA..........
Evidence Act, 1872, Section 122 -- Recorded conversation in between husband and wife - Law as to : (i) Provision of S.122 of the Act deals with admissibility of privileged communication made by a married person to a partner during subsistence of marriage; (ii) S.122 of the Act is worded in two parts: (a) Compellability and permissibility - Two parts are separate and have..........
Criminal Procedure Code, 1973, Section 372, Copyright Act, 1957, Section 63, 65, Indian Penal Code, 1860, Section 420, 120B -- Issue is whether the Appellant would fall under the definition of `victim' in terms of Section 2(wa) read with the proviso to Section 372 of the CrPC or whether Section 378 of the CrPC would prevail in the facts and circumstances - It is the..........
