Criminal Procedure Code, 1973, Section 340 -- Two pre-conditions for initiating proceedings u/s 340 Cr.P.C. are: (i) materials produced before Court must make out a prima facie case for a complaint for the purpose of inquiry into an offence u/s 195(1)(b)(i) Cr.P.C.; (ii) It is expedient in the interests of justice that an inquiry should be made into the alleged offence...........
Criminal trial -- Life sentence - Meaning - Actual life imprisonment for entire life of convict - Life sentence not limited to either 14 years or 20 years or even 25 years - Same may be curtailed by State by premature release - However, that is the discretion of State Government to be exercised on the advice of Sentence Review Board (SRB) - Courts cannot substitute..........
Indian Penal Code, 1860, Section 34 -- Common intention - Requires a pre-oriented plan and acting in pursuance to plan - Common intention thus, must exist prior to commission of act or it may come into existence on the spot itself in a point of time...........
Employees State Insurance Act, 1948, Section 45AA -- Imposes condition of pre-deposit of 25% of demand amount for entertaining appeal - Appellate Authority is empowered to partially or completely waive condition of pre-deposit in given facts and circumstances - However, power is not to be exercised in routine manner or as matter of course - Only when strong prima facie..........
Service -- Appointment of teacher - Teacher Eligibility Test (TET) - Extant reservation policy in NCTE Notification dated 11 Feb 2011 as amended - Clause 9(a) of Notification does not provide any condition for `pre-existing' reservation policy - It only mentions that if there is any reservation policy providing concessions to persons belonging to SC/ST, OBC, differently..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 34 -- Bail - Murder - Circumstantial evidence - Accused tracked by police dog - Evidence of tracking by dog is weakest piece of evidence - Material against accused does not require his further pre-trial detention in crime - Accused released on bail with conditions - Bail granted...........
Civil Procedure Code, 1908, Order 7, Rule 11, Employees Provident Funds and Miscellaneous Provisions Act, 1952, Section 7L(4) -- Rejection of plaint - Rejection of plaint on institutional ground is different from dismissal of suit at pre-trial stage on ground of maintainability - For dismissal on preliminary issue, Court is entitled and liable to look into entire documents..........
Land Acquisition Act, 1894, Section 11A, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2) -- Land Acquisition proceedings - Lapse of - Crucial difference between lapse u/s 11-A of 1894 Act and u/s 24(2) of 2013 Act is that former is a pre-award situation whereas latter is post-award...........
Hindu Marriage Act, 1955, Section 24 -- Interim maintenance to minor daughter - Both the parties are gainfully employed and thus both are obliged to contribute towards maintenance of child - Gross salary of husband is 76,000 p.m and pre-revised salary of wife was more than Rs.50,000 - Husband directed to pay Rs.20,000 p.m towards maintenance of daughter subject to..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Mere pendency of application to set aside ex parte order at pre registration stage is not a ground to set aside interim order and parties cannot be allowed to take advantage to disobey the interim order of Court/Tribunal...........
