Central Excise Act, 1944, Section 11B, Central Excise Rules, 1944, Rule 12, 13 -- In case of non-compliance with provisions of section 11B, Rule 12 and 13 will not apply...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Rash and negligent driving - Statement in panchnama cannot be considered as evidence on either side except considering the details of place of incident and there cannot be any such presumption at least at such stage without allowing prosecution to..........
Criminal Procedure Code, 1973, Section 300 - - Dismissal of complaint or discharge of an accused - Not to be construed as acquittal, for the purposes of this Section...........
Information Technology Act, 2000, Section 66A -- Sending offensive messages through electronic media - S.66-A of Act struck down in its entirety on following grounds: (i) It is violative of Art.19(1)(a) of Constitution and not saved U/Art.19(2) of Constitution; (ii) It is arbitrary, excessively and disproportionately invades the right of free speech guaranteed u/art 19 of..........
Advocates Act, 1961, Section 35 -- Bar Council of India Rules, Part VI, Section II, Regulation 33 - Professional misconduct - Appearing for and against the same client - Plea of difference of nature of two proceedings - Held, it amounts to professional misconduct when property involved in both the cases is same...........
Advocates Act, 1961, Section 35 -- Bar Council of India Rules, Part VI, Section II, Regulation 33 - Scope of Regulation 33 - Rule restrains a lawyer from acting for another client on the ground of conflict of interest as duty of lawyer owed to his former client, not to act prejudicially to his interest, does not come to an end with termination of earlier case of his client..........
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 47(2) - - Non-discrimination in government employments - Proviso at the end of S.47(2) of act applies to whole section and therefore exemption available under the said proviso applies both to promotion and dispensation of service...........
Interpretation of Statutes -- Golden rule - Proviso does not travel beyond the provision to which it is a proviso - In case of conflict between two provisions of same statue, provision should be read harmoniously and reconciled - Golden rule is therefore to read the whole Section, inclusive of the proviso, in such manner that they mutually throw light on each other and..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Phenolphthalein test - Colour of other samples was pink and remained throughout however, lime solution in which hands of accused were dipped does not show pink colour - Phenolphthalein test cannot be said to be conclusive proof against accused - Sample of shirt worn by accused does..........
Criminal Procedure Code, 1973, Section 145 -- Finding u/s 145 Cr.P.C. do not bind the competent court in a legal proceedings initiated before it - The decision has relevance in evidence to show that : (a) that there was a dispute relating to a particular property; (b) that the dispute was between the parties; (c) that such dispute led to the passing of a preliminary order..........
