Police Act, 1861, Section 46(2), 2 -- Uttar Pradesh Sub-Inspectors and Inspectors (Civil Police) Service Rules, 2008, R.15(b) [as amended by amendment Rules of 2015) - Post of Sub-Inspector of Police - Application of Normalisation of marks - Petition seeking quashing of results - Contention of candidates who has secured more than 50% actual marks, that those candidates who..........
Protection of Children from Sexual Offences Act, 2012, Section 15 -- (Prior to amendment Act of 2019) - Offence u/s 15 of the Act - S.15 of the Act before the amendment, takes in only storage of pornographic material for commercial purposes alone - Since alleged act is prior to the substitution of Act of 2019, alleged act of accused of storing pornographic material of..........
Service -- Compassionate appointment - Claimed by unmarried brother of deceased - Employee died on 8.12.2010 - Claim of respondent is based on amended Rules, 2012 which extends benefit of compassionate appointment to unmarried dependent brother of unmarried female employee - However, amendment to the Rules, 2012 was proposed by way of draft notification on 20.6.2012 and..........
Indian Penal Code, 1860, Section 375 -- Prior to amendment - Rape - False promise of marriage - If a man retracts his promise to marry a woman, consensual sex they had would not constitute an offence of rape u/s 376 IPC, unless it is established that consent for such sexual act was obtained by him by giving false promise of marriage with no intention of being adhered to..........
Indian Penal Code, 1860, Section 376 -- Prior to amendment - Rape - False promise of marriage - Promise to marriage was given after alleged sexual act and not at initial stage - It cannot be said that victim gave consent relying upon false promise of accused that he will marry her - Sexual intercourse between victim and accused if any as alleged by prosecution, was a..........
Consumer Protection Act, 1986, Section 13(2), 22 -- Consumer complaint - Amendment - Complainant cannot be compelled to amend complaint, as party which moves the forum is dominus litis and is entitled to decide whether or not to amend pleadings or to pursue complaint, as it stands...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Delay of 9 years in seeking amendment - Amendment sought was available to defendant at the time of cross examination of PWs 1 & 2 but at that time no question was put to the witnesses - Moreover specific averment in plaint was stated in written statement as not admitted and that it is for..........
Kerala Dowry Prohibition (Amendment) Rules, 2021, Rule 6(xv) -- Direction to return dowry - District Dowry Prohibition officer will get jurisdiction to pass direction u/r 6(xv) of Rules, only if it is found that ornaments directed to be returned to wife are dowry received by husband - In absence of such finding, Dowry Prohibition Officer will not get any jurisdiction to..........
Transfer of Property Act, 1882, Section 53A -- Part performance - For taking benefit of the provision of S.53-A of the Act, any document executed pursuant to Registration and other related Laws (Amendment) Act, 2001, the same to be registered...........
Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 -- Priority in Public Employment - Petitioner is issued with community certificate as `Backward Caste' and his wife is issued with community certificate as `Scheduled Caste' and therefore, petitioner is entitled to get inter-caste marriage certificate for purpose of availing benefits including priority in..........
