Bihar and Orissa Excise Act, 1915, Section 27(1).2(6) -- Excisable article - Power to impose excise duty on import, transport and manufacture - Wastage generated during rectification process was an impure spirit/weak spirit, which was not fit for human consumption - State has no power to levy excise duty on wastage of liquor after distillation as per S.27 of the Act and..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Rape case - Victim stated in her FIS that incident took place during Christmas holidays - However, while tendering evidence before Court, PW1 would state that she could not go to school for nine months due to stomach pain - Victim does not refer to time/period during which she could not go to school -..........
Stamp Act, 1899, Section 47A -- (as amended in State of A.P) - Stamp duty - Agreement to sell - Where agreement to sell evidences delivery of possession even prior to execution of agreement of sale, said document would have to be treated as a sale falling within ambit of Art.47-A of Schedule 1-A of the Act...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail application along with interim bail - When an application for anticipatory bail along with application for ad-interim relief was listed before Single Judge, Judge should have decided the application one way or the other, so far as ad interim prayer or should have taken up for consideration after giving some..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Complainant/PW1 is the only witness to alleged demand and acceptance - He did not state that accused reiterated her demand at the time of trap - His version is that on his own, he told her that he had brought the amount - In cross examination PW1 accepted that..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Petitioner/son has been living in subject premises since his birth - Purported transfer within meaning of S.23 of the Act was made prior to enforcement of Act in the State of Rajasthan - Even by virtue of extended meaning of S.23 of the Act,..........
Criminal Procedure Code, 1973, Section 438 -- Item No.22 in the list of Constitution Scheduled Caste and Scheduled Tribe Order amendment Act 1976 - Grant of bail - Applicability - State issued notification by which Petitioners were constrained to seek anticipatory bail on the ground that they come under provisions of 1989 Act - Lohar is not same as Lohara - Including..........
Indian Penal Code, 1860, Section 302, 323 -- Nature of offence - Accused in a heat of quarrel slapped deceased on his back without anticipating that this act of his would result in a chain of events leading to latter's death - From post mortem report, it is clear that deceased was drunk, as ethyl alcohol was detected in all samples of visceral organs - It was only a slap..........
Easements Act, 1882, Section 13(d) -- Quasi easement - Apparent and continuous easements which are necessary for enjoyment of dominant tenement in the state in which it was enjoyed at the time when it was severed from servient tenement are called quasi easements...........
Service -- Appointment - Appellant cleared medical fitness test but his appointment could not take place as police verification report was not received - Advertisement was of the year 1999 - Appellant after 24 years from said advertisement cannot be permitted to plead that he was waiting for seven long years for getting an appointment letter and then woke up to file..........
