Official Secrets Act, 1923, Section 5, 13(3), Criminal Procedure Code, 1973, Section 470 -- No consent or sanction of the Government or any authority as contemplated by Explanation to sub-section (3) of S.470 Cr.P.C.is required for filing the complaint under the Act - `Consent' or `sanction' envisaged u/s 470 Cr.P.C. cannot be equated with the `order' or `authority' for..........
Consumer Protection Act, 1986, Section 3, Reserve Bank of India Act, 1934, Section 45Q,45QA, Companies Act, 1956, Section 58A(9) -- Jurisdiction - Refund of deposit - Complaint - Maintainability before the Consumer Fora - Whether Sections 45-Q, 45-QA of the RBI Act read with Section 58-A(9) of the Companies Act oust the jurisdiction of District Forum/ State Commission to..........
Registration Act, 1908, Section 17 -- Arbitration award - Immovable property - An award which creates, declares, assigns, limits or extinguishes, whether in present or in future any right title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property, are compulsorily registrable by virtue of clause (b) of..........
Partition Act, 1893, Section 2, 3 -- Suit for partition - Purchase of share of co-owner - Section 3 of Partition Act comes into play only if application for sale is made u/s 2 by the other party prior to a decree being passed in a suit for partition...........
Negotiable Instruments Act, 1881, Section 138 -- `Cheque reported stolen' - Cheque dishonoured with this endorsement - It shows intention of drawer that he wanted to stop payment - Offence u/s 138 is made out - Merely because drawer issued a notice to the drawee or to the Bank for stoppage of payment, it will not preclude an action under Section 138 by the drawee or the..........
Evidence Act, 1872, Section 114 -- Presumption - Illustrations given under the Section - Not exhaustive - Court may presume existence of any fact which is likely to have happened, regard being had to the common course of natural events, human conduct and public and private business, in their relation to facts of particular case...........
Consumer Protection Act, 1986, Section 25,27 -- Execution of order - Claim of the appellant decreed by the District Forum - Execution case filed by the appellant - Complainant dismissed on the ground that respondent OP had approached the Company Law Board and according to Section 45 Q and 45 QA of the Reserve Bank of India Act bar the jurisdiction of the Forum in the..........
Indian Penal Code, 1860, Section 34 -- Common intention - The fact that either accused may have had his own motive for killing the deceased is not relevant in determining the common object or intention required under Section 34 of the Indian Panel Code...........
Indian Penal Code, 1860, Section 302, 392, 376 -- Acquittal by trial Court - Conviction by High Court - Appeal against conviction - Circumstantial evidence - Accused took victim away from convent where she was employed on false pretext that her mother was seriously ill - Dead body of victim found in railway track run over by trial - Jewellery missing and received at the..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3, 5 -- `Terrorist Act' - What constitutes - The person who does any act by using any of the substances enumerated in the provision in any manner as specified cannot be said to commit a terrorist act unless the act is done with the intent to do (i) To overawe the Government as by law established; or (ii)..........