Indian Penal Code, 1860, Section 420, 405 -- Word `property' - Meaning of - Held, word `property' is used in IPC in a much wider sense than the expression `movable property' - Whether offence defined in a particular section of IPC can be committed in respect of any particular kind of property will depend not in interpretation of word `property' but on fact whether that..........
Copyright Act, 1957, Section 52(1)(i) -- Section 52 of the Act provides for certain acts which do not constitute an infringement of copy right - Appellate institute performed dance in respect whereof respondent had acquired copy right - Trial court granted injunction restraining appellant from performing dance - Held, if some performance or dance is carried out within the..........
Motor Vehicles Act, 1988, Section 15(1) -- Driving licence - Renewal of driving licence - From the date of expiry on 17.9.2002 driver ought to have got his licence renewed on or before 17.10.2002 - It was got renewed on 31st day i.e. on 18.10.2002 - Therefore, renewals is to be effective from this date under Section 15(1) proviso of MV Act, 1988...........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898 -- Post Office Guide - Part - I, Clause 170 - Postal service - Registered envelope - Lost in transit - As per provisions contained in Clause 170 of Post Officer Guide Part I the admissible ex gratia amount of compensation to the tune of Rs. 100 was only payable for the registered post - Provision of..........
Indian Penal Code, 1860, Section 34 -- Common intention - The distinctive feature of the Section is the element of participation in action - The liability of one person for an offence committed by another in the course of criminal act perpetrated by several persons arises under Section 34 if such criminal act is done in furtherance of a common intention of the persons who..........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 113B -- Dowry death - Presumption - Prosecution to prove that death was within seven years of marriage, otherwise than under normal circumstances and soon before her death she was maltreated in connection with the demand of dowry - Once it is so proved than presumption u/s 113-B Evidence Act operates that..........
Arbitration and Conciliation Act, 1996, Section 34(2) -- Arbitration award - Setting aside - Principles laid down - An arbitration award can be set aside when it is (i) contrary to substantive provisions of law ; or (ii) the provisions of the Arbitration and Conciliation Act, 1996 ; or (iii) against the terms of the respective contract ; or (iv) patently illegal, or (iv)..........
Income Tax Act, 1961, Section 17(2)(ii) -- Explanation 1 - Explanation 1 added to S.17(2)(ii) of the Act by S.11 of Finance Act, 2007 with effect from 1.4.2002 - Plea that explanation is discriminatory and violative of Art.14 of Constitution - Act of legislature having given deemed meaning to the word 'concession', cannot be said to be invalid - The provision of the..........
Indian Penal Code, 1860, Section 420, 467, 471, Criminal Procedure Code, 1973, Section 320, 482 -- Offence of cheating is compoundable but not the offence of forgery, but High Court in exercise of its inherent powers can quash criminal proceedings as Section 320 Cr.P.C. does not limit or affect the power of High Court u/s 482 Cr.P.C...........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Condonation of delay - Delay of 220 days in filing the revision - No application for condonation of delay - Keeping in view the provisions under Section 14(1)(i) of Regulations 2005, wherein the revision petition had to filed within 90 days from the date of passing of the order or receipt of order and since there..........
