Poona University Act, 1974 -- Interpretation - Where the words of a statue are absolutely clear and unambiguous, recourse cannot be had to the principles of interpretation other than literal rule - Language employed in a statue is the determinative factor of legislative intent...........
Evidence Act, 1872, Section 45 -- Voice sample - Text to contain words drawn from the disputed conversation but not the sentences from the disputed conversation...........
Limitation Act, 1963, Section 14 -- Scope - There has to be a liberal interpretation to advance cause of justice - It would be applicable in cases of mistaken remedy or selection of a wrong forum - Earlier proceedings and latter proceedings must relate to the same matter in issue - The words "matter in issue" are used u/s 11 of the Code of Civil Procedure...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Overwriting of a digit in the amount entered in figures - It is material alteration only when there is corresponding correction in amount written in words - When there is no corresponding correction or alteration in the amount entered in words it cannot be considered as a material alteration...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Issue regarding ownership rights coupled with issue regarding proper interpretation of documents (exhibits) to prove ownership rights over suit land do constitute substantial questions of law - In other words, where Court is required to properly interpret the nature of documents, it..........
Maxim -- `A Verbis Legis Non Est Recedendum' - Meaning - There can be no departure from the express words of law is apposite in this context...........
Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(5), 3(1)(x), Indian Penal Code, 1860, Section 447 -- Utterance of caste derogatory words - Utterance that PW1 belongs to lower caste - PW1 did not state as to specific words uttered regarding caste - No allegation levelled that accused tried to dispossess - Contradiction in the..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused inflicted knife blow to deceased after heated exchange of words, as a result of which deceased died - There was no pre-mediation and incident occurred in the heat of passion in a sudden fight - Offence committed by accused is covered u/s 304(Part I) IPC and not u/s 302 IPC...........
Agreement to sell -- Suit for specific performance - Time essence of contract - It is mentioned in the agreement that when plaintiff asks defendant then defendant would receive Rs.1 lac as balance consideration and execute the sale deed - These words clearly indicate the intention of parties were not to limit the contract for sale within any period of limitation - Time..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Intention of accused - To be gathered from circumstances like, nature of weapon used, words used by accused at the time of incident, motive, parts of body where injury was caused and severity of blows given etc...........
