Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Double jeopardy - There is nothing in the Cr.P.C. to suggest that the court is obliged to hear the accused while considering application for further investigation under Section 173(8) of the Cr.P.C - Further investigation is merely a continuation of the earlier investigation - Hence, it cannot be said..........
Criminal Procedure Code, 1973, Section 167(2), Constitution of India, 1950, Article 32 -- Default bail - It is a fundamental right directly flowing from Art.21 of Constitution of India - Violation of such a right, directly attracts consideration under Article 32 of Constitution...........
Stamp Act, 1899, Section 47A, Article 23 -- Schedule IB (as applicable to State of UP) - Stamp duty payable on registration of sale deed - Market value of property - Market value fixed by adopting method used for levy of property tax under Municipal Laws - Such a value cannot be taken as the basis for determining the market value for the purposes of Article 23 of the Act...........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Registered lease deed - Not open to be altered or amended even by High Court in exercise of its jurisdiction under Article 226 of the Constitution...........
Transfer of Property Act, 1882, Section 105, Registration Act, 1908, Section 17 -- Lease deed - Tender floated for lease of 27887.50 sq. meters - However, transaction concluded on execution of lease deed without demur for 18262.89 sq. meters and instrument registered - It is not open to either party to question at least in the writ jurisdiction of High Court under Article..........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Constitution of India, 1950, Article 136 -- Power - In exercise of power under Article 136 of the Constitution of India in respect of cases where concurrent findings are recorded by the Lower Courts, if doubt lingers with respect to the probability or conclusiveness of any circumstance, the evidence has to be scrutinized by Court so as to ensure that the totality of the..........
Constitution of India, 1950, Article 136 -- Power - In exercise of power under Article 136 of the Constitution of India in respect of cases where concurrent findings are recorded by the Lower Courts, if doubt lingers with respect to the probability or conclusiveness of any circumstance, the evidence has to be scrutinized by Court so as to ensure that the totality of the..........
Selection -- Eligibility - Selection Committee has reduced the marks to facilitate the horizontal reservation by treating it as a vertical reservation - Admittedly, the rules do not provide for such reservation to be treated as a vertical one - A change, if any, can only be brought forth by way of an amendment and nothing else - Such an amendment even if it is permissible..........
