Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482(4), Bharatiya Nyaya Sanhita, 2023, Section 65, 70(2) -- Anticipatory bail - Rape - Word "and" appearing between the words "u/s 65" and "S.70(2)" in Section 482(4) BNSS shall have to be read as "or" to give effect to manifest intention of legislature - Embargo of S.482(4) BNSS would apply to any case involving the arrest..........
Indian Penal Code, 1860, Section 302, 201, 34, Arms Act, 1959, Section 3, 25, 27, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(33) -- Sessions Judge set aside the order of JJB declaring that respondent No. 2 was a juvenile delinquent on the date of the incident - Under the scheme of the JJ Act, 2015, a declaration of juvenility may not by itself..........
Criminal trial -- Wrong provision of Law - Mentioning of wrong sub section in charge sheet - Does not render investigation illegal or non est...........
Criminal Procedure Code, 1973, Section 468(2), 482 -- Quashing of proceedings - Investigation not completed within limitation period - Occurrence took place on 3.11.2020 and FIR was registered on 4.11.2020 - Case of petitioners to invoke S.468(2)(c) Cr.P.C. is misconceived one, as language used in said section is that `no Courts shall take cognizance of offence' -..........
Forward Contracts (Regulation) Act, 1952, Section 27, Maharashtra Protection of Interests of Depositors Act, 1999, Section 4, Insolvency and Bankruptcy Code, 2016, Section 14 -- Recovery of the outstanding amount - There is no overlap or inconsistency between the provisions contained in the IBC and MPID Act - As such, S.14 IBC has the connotation which is very much..........
Electricity Act, 2003, Section 79, 178, Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 -- Whether the CERC exercises regulatory or adjudicatory functions under Section 79 of the Act, 2003? - In the absence of a regulation under Section 178 does not preclude the CERC from exercising its powers under Section 79(1) to make..........
Electricity Act, 2003, Section 79, Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 -- Whether the grant of compensation by the CERC for the delay is a regulatory or adjudicatory function and to what extent are the principles of natural justice applicable to the exercise of such functions? - CERC is enabled to exercise its..........
Arbitration and Conciliation Act, 1996, Section 16, 37 -- Arbitral award - Whether an arbitral award rendered under the Act, 1996 where the arbitration proceedings was to be governed by the MP Act, 1983, can be set-aside or annulled solely on the ground of lack of jurisdiction, even when no such plea was raised before the arbitral tribunal in terms of Section 16..........
Criminal Procedure Code, 1973, Section 125, Family Courts Act, 1984, Section 7, 8, 20 -- Maintenance - Petitioner has never filed any matrimonial petition for annulment of his marriage with `S' either u/ss 11 or 12 of the Hindu Marriage Act and he has filed only a divorce petition under Section 13 of the Hindu Marriage Act against `S' and it goes without saying that..........
Evidence Act, 1872, Section 112 -- Maintenance to daughter - It would be pertinent to point out that as per Section 112 of Evidence Act that a child born during continuation of a valid marriage between his/her mother and any man, the child is held to be legitimate son/daughter of that man, unless it is shown by that man that he had no access to his wife at any time when..........
