Electricity Act, 1910, Section 51, Telegraph Act, 1885, Section 10(2), 18 -- Drawal of electricity line over land - Compensation for alleged loss suffered in value of land - High Court dismissed claim relying its Full Bench decision - Said Full Bench decision set aside by Supreme Court - Impugned order set aside and matter remitted for decision afresh...........
Criminal Procedure Code, 1973, Section 482 -- Charge - Quashing of - Main accused discharged and order of discharge sustained till Supreme Court - Charge against co-accused also quashed...........
Foreign Exchange Regulation Act, 1973, Section 18(2), 18(3) -- Repatriation of export proceeds - Rebuttable presumption - Order passed by Assistant Director Enforcement Directorate imposing penalty of Rs.1 lakh - Rs.80, 000/- against appellant firm and Rs.10, 000/- each against the two partners for violation of S.18(2) & S.18(3) of the Act - Appeal before Appellate..........
Consumer Protection Act, 1986, Section 21(1)(a)(ii) -- Revision - Condonation of delay - Delay of 122 days in filing the revision petition - Explanation given for delay - Keeping in view the law laid down by the Supreme Court that to advance substantial justice, the acceptance of explanation should be the rule and refusal an exception, the more so when no negligence or..........
Criminal Procedure Code, 1973, Section 320, 482 -- Compounding of offences - Principle laid down by Supreme Court in Madan Mohan Abbot's case (2008 AIR SCW 2287) that inherent powers under S.482, Cr.P.C. can be invoked by aggrieved person for composition of no, compoundable offences u/s 320 Cr.P.C. - Held, principle was laid down in the light of peculiar facts and..........
Indian Penal Code, 1860, Section 394 -- Appeal against conviction - Death of appellant - Any of the relatives of deceased appellant can apply for leave to continue the appeal within 30 days - Principles of S.394 Cr.P.C. applies in appeal before Supreme Court...........
Foreigners Act, 1946, Section 3, 14 -- Unauthorised stay in India - Appellant had no passport to stay in India - He was only issued a transit visa that too for Nepal for six months - His defence was that he had come to India to visit his wife and children - No valid document in possession of appellant to stay in India - Trial Court convicted him for offence u/s 3 & 14 of..........
Constitution of India, 1950, Article 32, 136, 142 -- Power of Supreme Court to quash criminal proceedings - Appellants being NRI candidates were doing MBBS - 2 cases registered against them - One u/ss 452, 323, 504, 506 & 427 IPC and the other u/ss 452, 323, 326, 504, 506 & 427 IPC - Held, that inherent power of Supreme Court under Art.142 coupled with plenary and..........
Constitution of India, 1950, Article 32, 136, 142 -- Power of Supreme Court to quash criminal proceedings - Prohibition in ordinary laws cannot act as limitation on constitutional power of Court - Held, that any prohibition or restriction contained in ordinary laws cannot act as limitation on the constitutional power of the Court to quash proceedings - Appellants were..........
Indian Penal Code, 1860, Section 302, 149 -- Assault with deadly weapons by many persons - 4 accused acquitted by trial Court and remaining convicted - High Court confirmed the conviction - Appeal before Supreme Court - Name of PW3 not in FIR and his statement was recorded 2 days after the incident - Presence of PW3 at the spot doubtful - However, testimony of other eye..........
