Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Income of deceased - Income Tax Return is a legally admissible document on which income assessment of deceased could be made...........
Defamation -- Suit for damages for publishing defamatory statement - Statement that husband is going to marry for the second time during subsistence of first marriage amounts to general damages and is actionable per se...........
Evidence Act, 1872, Section 92 -- Oral evidence - Evidence to vary terms of an agreement in writing is not admissible, but evidence to show that there is no agreement in the first place is admissible - Thus, unless grounds fall within S.92 provisos of the Act read with illustrations to said section, there is a bar on adducing oral evidence...........
Indian Penal Code, 1860, Section 420 -- Cheating - Mere breach of promise to repay per se does not infer dishonest intention...........
Electricity Act, 2013, Section 79(1)(c), 86(1)(c), Rajasthan Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2016 -- Regulation of inter state open access - Inter state transmission falls within domin of CERC u/S.79(1)(c) but to regulate intra state transmission and distruction u/S.86(1)(c) is well established - Regulations 2016 do not..........
Evidence Act, 1872, Section 30 -- Confession of a co-accused - Confessional statements made by accused during interrogation can be considered or looked into to connect the other co-accused - Such disclosure statement of co-accused can certainly be taken into consideration for providing a lead in the investigation and even during trial it is admissible u/s 30 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compromise arrived inter se between parties can be accepted and offence u/s 138 of the Act can be ordered to be compounded even after conviction...........
Consumer Protection Act, 1986, Section 12 -- Consumer complaint - Limitation - Allotment of flat - Specific talks/parlays were ongoing inter se the parties and only when escrow expressed helplessness that complaint was filed - Considering consistent efforts back and forth, inter se parties, with regard to implementation of terms of contract, there was no question of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest not communicated to accused in writing - Arrest is unconstitutional - Custody of accused on orders of remand also vitiated - Filing of charge sheet and order of cognizance does not validate an arrest which is per se unconstitutional - Order of remand, set..........
Industrial dispute -- Law of evidence per se does not apply to industrial adjudication - However, general principles do apply...........
