Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S. 161 Cr.P.C (180 BNSS) - Exculpatory statement - Exculpatory statement of an accused person u/S.161 Cr.P.C can only be looked into for the limited purpose of either..........
Service -- Selection process - Challenge thereto - Terms of an advertisement issued in connection with a selection process are normally not open to challenge unless challenge is founded on the ground of breach of Art.16 of Constitution or for that matter Art.14 of Constitution...........
Service -- Recruitment - Once a process of recruitment is set in motion, all aspirants are entitled in law to equal treatment - There cannot be different yardsticks for different sets of aspirants - Non-compliance with terms of advertisement/notification is bound to trigger adverse consequences of rejection of aspirant's claimed status by selecting body/appointing..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Liability of insurance company is only to indemnify loss of estate of insured, that too, in monetary terms, by pecuniary compensation - Monitoring victim of accident and ensuring his well being in future will not be duty of insurer nor can such an obligation be cast on it...........
Will -- Exclusion of natural heirs - Testatrix executed Will in favour of her brother-in-law - She gave reasons to exclude her three daughters by stating that they were not in good terms with her and two sons of testatrix had been disowned by testatrix - Due reasons have been given by testatrix so as to discard her Class I legal heirs - Will not surrounded by suspicious..........
Electricity Act, 2003, Section 79, 178, Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 -- Whether the CERC exercises regulatory or adjudicatory functions under Section 79 of the Act, 2003? - In the absence of a regulation under Section 178 does not preclude the CERC from exercising its powers under Section 79(1) to make..........
Electricity Act, 2003, Section 79, Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014 -- Whether the grant of compensation by the CERC for the delay is a regulatory or adjudicatory function and to what extent are the principles of natural justice applicable to the exercise of such functions? - CERC is enabled to exercise its..........
Arbitration and Conciliation Act, 1996, Section 16, 37 -- Arbitral award - Whether an arbitral award rendered under the Act, 1996 where the arbitration proceedings was to be governed by the MP Act, 1983, can be set-aside or annulled solely on the ground of lack of jurisdiction, even when no such plea was raised before the arbitral tribunal in terms of Section 16..........
Transfer of Property Act, 1882, Section 106 -- Lease - Termination - Failure to vacate premises by tenant - Damages - Damages would come into effect only after expiry of tenancy period i.e. after 7 years in terms of Rent agreement - Thus, damages per day from date of filing of suit may not be sustainable - Tenant shall pay sum of Rs.1,25,000 as monthly rent for remaining..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have voluntarily settled dispute between themselves - Once settlement is being effected, then in terms of S.147 of the Act and S.320 Cr.P.C, accused ought to be acquitted as offence stands compounded - Accused acquitted...........
