Criminal Procedure Code, 1973, Section 54 -- Application for scientific tests by accused - Narco Analysis, Brain Mapping and Polygraph etc. - Objection by complainant that application filed belatedly - Objection rejected, as only stage where accused has a right to speak out before court is stage of defence i.e u/s 313 Cr.P.C - Otherwise, also S.165 Cr.P.C. empowers trial..........
Wakf Act, 1995, Section 56, Wakf Act, 1954, Section 36F -- Acquisition of land of Wakf Board - Restriction on powers to grant lease of Wakf property - Admittedly, there was no sanction of the Board - Thus, arrangement entered into in 1968-1969 exceeding three years will not confer any right, title or interest upon lessee - Even, if sanction is granted by Board it will not..........
Constitution of India, 1950, Article 142, Wakf Act, 1995, Section 56, Wakf Act, 1954, Section 36F -- Apportionment of compensation - Acquisition of land of Wakf Board - In the instant case, possession has already been taken by acquiring body and compensation is already disbursed to lessees - It is also stated that they are poor persons and they were holding said land as..........
Electricity Act, 2003, Section 126, 127, Constitution of India, 1950, Article 226 -- Unauthorized use of electricity - Jurisdiction - Against an order passed u/s 126 of Electricity Act, the jurisdiction to hear an appeal is only in Appellate Authority constituted u/s 127 of Electricity Act - High Court need not in exercise of its powers u/art.226 of Constitution interfere..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - If a person is not a `proper party' or a `necessary party', Court has no jurisdiction to implead such person, invoking its powers U.O.1.R.10(2) of the Code...........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for permanent injunction - Suit cannot be dismissed only on basis of stray admission of PW1, which never constitute an absolute admission exercising powers U.O.12.R.6 CPC, by ignoring documents produced to prove that they are in possession of suit schedule property as on date of suit..........
Electricity Act, 2003, Section 94, 181 -- Powers of Appropriate Commission - Power Purchase Agreement (PPA) - Whether Commission has power to amend tariff despite terms of PPA - Held, yes, Commission has powers. 2016(8) SCC 743 followed...........
Electricity Act, 2003, Section 181, Civil Procedure Code, 1908, Section 151 -- Gujarat Electricity Regulatory Commission (Conduct of Business) Regulations, 2004, Regulation 80 - Inherent power of Commission - Held, that there cannot be any restrictions in Conduct of Business Regulations on exercise of inherent powers by Commission - But specified inherent powers are not as..........
Electricity Act, 2003, Section 61, 62, 64, 95, 181 -- Gujarat Electricity Regulatory Commission (Conduct of Business) Regulations, 2004, Regulation 80, 81, 82 - Inherent power of Commission - Amendment of Power Purchase Agreement (PPA) - Held, that exercise of power which has effect of amending PPA by varying traffic can only be done as per statutory provisions and not..........
Electricity Act, 2003, Section 95, 181 -- Gujarat Electricity Regulatory Commission (Conduct of Business) Regulations, 2004, Regulation 85 - Inherent power of Commission - Control period - Extension of period - Commissioning of a project is act to be performed in terms of obligation under PPA and that is between producer and purchaser - Held, that Commission cannot extend..........
