Prevention of Corruption Act, 1988, Section 13(1)(b), 13(2), 17, Criminal Procedure Code, 1973, Section 154 -- Disproportionate assets - FIR - Preliminary enquiry - In matters of corruption a preliminary enquiry although desirable but is not mandatory - In a case where a superior officer, based on a detailed source report disclosing commission of a cognizable offence,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Search and seizure - Evidence on record does not connect accused with commission of offence - Two labourers who assisted police in uploading contraband have not been named as PWs nor their statements have been recorded before trial Court - There is also no clarity as to how many samples..........
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..........
Electricity Act, 2003, Section 79(1)(c), 42(2), 42(3), Rajasthan Electricity Regulatory Commission (Terms and Conditions for Open Access) Regulations, 2016 -- Regulation of inter state open access - S.79(1)(c) empowers central regulatory authority over inter-sate transmission of electricity but S.42(2) empowers state commissions to regulate open access - S.43(3) empowers..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 70(1), 77, 351(2), 69, 75(1), Information Technology Act, 2000, Section 67A -- Bail - Gang rape - Petitioner has been assigned the role of facilitating the participation of other persons who are accused in the case - There is no possible reason or explanation given by petitioner..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Allotment of flat - Delay of delivery of possession - Petitioner opted for refund of money - Interest - National Commission rightly awarded interest @ 9% p.a which is fair and reasonable - Ord er awarding interest @ 15% p.a. by High Court is excessive and set aside...........
Criminal Procedure Code, 1973, Section 386 -- Appeal against conviction - Old age of accused and long lapse of time from the commission of offence can always be a ground available to give some priority to appeals against conviction of accused on bail...........
Indian Penal Code, 1860, Section 376 -- Rape - Only a man can commit rape within the meaning of S.376 IPC - There is thus, no scope to incorporate commission of rape by woman u/s 376 IPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - No right vested in favour of a party to get commission issued - Rather same is an enabling provision that enables Court to appoint a Commissioner if it is of opinion that same is required in a case...........
Indian Penal Code, 1860, Section 383, 385, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 383, 385, 506 IPC - Quashing of FIR - Allegations pertain only to a threat with no delivery of money or property by complainant to petitioner - No offence of extortion is made out - It is an attempt to commit an offence of extortion without rebutting or assessing..........
