Indian Penal Code, 1860, Section 404 -- Dishonest misappropriation of property - Ingredients of S.404 IPC, cannot fit within the definition of word "theft" or "robbery", as said section applies to a situation where a person in a sly manner appropriates to himself a property in the possession of deceased person at the time of his death...........
Statute -- When there is ambiguity in caption of particular Section in enactment with contents of that particular Section, contents of Section have to be followed and one should not go by caption alone to arrive at correct meaning of provision in enactment...........
Criminal Procedure Code, 1973, Section 154, 207 -- FIR - Supply of copy - Directions issued : (1) On an application submitted by an accused for copy of the FIR, the concerned police station/office of Superintendent of Police shall make available copy of the FIR within two days from making the application; (2) Copy of the FIR can also be obtained by an accused from the..........
Interpretation of statue -- Proviso to Section - Normal rule is that a proviso excepts something out of enactment which would otherwise be within the purview of enactment but if the text, context or purpose so require, a different rule may apply...........
Rent and Eviction -- Residential-cum-commercial building - S.20(4) Proviso of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Held, a building which can be used for residential as well as commercial purposes cannot be said to be excluded from the clutches of proviso to sub-section (4), if built, or acquired in vacant state within..........
Constitution of India, 1950, Article 16(4A) -- This enabling provision enables States to frame rules for reservation for the weaker section - While framing the Rules, the principles and circumstances laid down by Supreme Court must be fulfilled - Parameters of Article 335 are also to be kept in mind...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Accused convicted and sentenced to undergone R.I of 3 years by trial Court - High Court reduced the sentence to period already undergone i.e 4 months and 20 days, on the ground that accused belonged to weaker section of society and first offender - Once the offence u/s 306 IPC is proved,..........
Criminal Procedure Code, 1973, Section 386 -- Expression `after perusing such record' in S.386 Cr.P.C., is a condition precedent to a proper disposal of an appeal either by dismissing the same or in any manner contemplated in said Section...........
Transfer of Property Act, 1882, Section 10 -- Condition restraining sale - Partition deed - S.10 of Act does not apply in the case of partition - However, it cannot be said that any condition or limitation absolutely restraining the sharers in a partition deed from parting with or disposing of their rights in the properties will be valid - As though the S.10 of Act may not..........
Income Tax Act, 1961, Section 43B -- 1988 amendment - Any amount payable by the assessee, by whatever name called, would be deductible if actually paid in time - This includes tax, duty, cess, fee or called by any other name - Respondent not paying the Vend fee in time - Revenue disallowing the same - High Court missing the 1988 amendment enlarging the scope of section..........
