Indian Penal Code, 1860, Section 300 -- Exception 4 - For bringing in operation of Exception 4 to Section 300 IPC it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement - Setting aside - Principles governing - (i) The words 'sufficient cause for not making the application within the period of limitation' should be understood and applied in a reasonable, pragmatic, practical and liberal manner, depending upon the facts and circumstances of the case, and the type of case - The words..........
Criminal Procedure Code, 1973, Section 144 -- Breach of peace - Exercise of power by Executive Magistrate - Held, Executive Magistrate exercising power u/s 144 of the Code has no jurisdiction to decide a dispute of a civil nature between two sections of people, which is in realm of private law - Executive Magistrate is not expected to invoke power u/s 144 of the Code in a..........
Right to Information Act, 2005, Section 2(h) -- Public authority - Any body owned or controlled by the appropriate Government and any body substantially financed by funds provided by the appropriate government as also any non-government organisation substantially financed by funds provided by the appropriate Government would fall within the inclusive limb of the definition..........
Industrial Disputes Act, 1947, Section 2(oo) , 11A -- Misconduct - Termination - Non holding of enquiry - With reference to Section 11A of ID Act management produced evidence before the Labour Court and justified its action with regard to order of termination - Merely for the reason that an inquiry has not been held before the order of termination was passed by the..........
Hindu Minority and Guardianship Act, 1956, Section 8, 11, 12 -- Sale of minor's interest by a de facto guardian in violation of express bar provided under the section is per se invalid - Legal necessity not relevant in a invalid transfer - A transferee of such alienation does not acquire any interest in the property - Such invalid transaction is not required to be set..........
Indian Penal Code, 1860, Section 300 -- Clause (4) - Clause (4) of Section 300 would be applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons-being caused from his imminently dangerous act, approximates to a practical certainty - Such knowledge on the part of the..........
Indian Penal Code, 1860, Section 299 -- Clause (c), S.300 Clause (4) - Both the provisions require knowledge of the probability of the act causing death - Clause (4) of Section 300 would be applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons - being caused from..........
Criminal Procedure Code, 1973, Section 437, 439 -- Interim bail pending hearing of a regular bail application - Can be granted except in the following circumstances - (i) In a case of grave offence like murder, dacoity, robbery, rape etc. ; (ii) The case involves an offence under the U.P.Gangsters Act and in similar statutory provisions; (iii) The accused is likely to..........
Probation of Offenders Act, 1958, Section 4, Essential Commodities Act, 1955, Section 7 -- Liquefied Petroleum Gas (Regulation of Supply & Distribution), Order, 1988 Clause 4 - Accused convicted and sentenced to undergo RI for two years and to pay a fine of Rs.2, 000/- under Section 7 of the Essential Commodities Act for violation of Liquefied Petroleum Gas, Order 1988 -..........
