Indian Penal Code, 1860, Section 376(2)(g), 450, 34 -- Gang rape - Prosecutrix stated that accused forcibly raped her when she was all alone in her house - Evidence of prosecutrix supported by her sister who saw the accused running away - Medical report of prosecutrix shows possibility of commission of sexual intercourse with prosecutrix and her hymen was healed - Healing..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(3) -- Eviction - Date to be reckoned for the purpose of bringing the suit within provision of T.P.Act and out of ambit of rigor of Rent Act is the date of sanctioning of revised plan - Since the suit filed within 10 years from the date of sanctioning of revised plan - Defendants cannot take the benefit of..........
Indian Penal Code, 1860, Section 376(1) -- Rape - Consensual intercourse - Physical relations between prosecutrix and accused on number of occasions established on record - Prosecutrix never disclosed about said acts as accused assured prosecutrix for performance of marriage and subsequently on his refusal to marry her, a report was lodged against him - Medical evidence..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 8A(5) -- Mining lease - Renewal - Even during renewal period, if period of mining lease would get extended (beyond renewal period) by treating original lease as to 50 years, leaseholder would be entitled to the said benefit under the third contingency - For leases governed by S.8A(5) of the Act, out of..........
Mines and Minerals (Regulation and Development) Act, 1957, Section 8A -- Mining lease - Benefit u/s 8A(5) & (6) of the Act - Leaseholder who does not satisfy any of the required conditions of lease - Would not be entitled to benefits extended u/s 8A(5) & (6) of amended MMDR Act...........
Life Insurance Corporation Act, 1956, Section 48, 21, Life Insurance Corporation of India (Employees) Pension Rules, 1995, Rule 37, 55 -- Pension - R.55 of Rules does not confer power on the Chairman of the Corporation to issue any instructions that can travel beyond the Rules - On a perusal of S.48 of the Act, it is clear as crystal that conferment of benefit, either..........
Practice and Procedure -- One who assails the constitutional validity of a statutory provision or a rule, has to specially assert the grounds for such challenge. (Para 26). Life Insurance Corporation Act, 1956, S.48, Life Insurance Corporation of India (Employees) Pension Rules, 1995, R.55 - Pension and dearness allowances - Interpretation of Rules and Regulations - Life..........
Life Insurance Corporation Act, 1956, Section 48, Life Insurance Corporation of India (Employees) Pension Rules, 1995, Rule 55 -- Pension and dearness allowances - Interpretation of Rules and Regulations - Life Insurance Corporation prescribed different rates for different groups of pensioners depending upon their date of retirement to confer certain benefits on employees..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 33, Indian Administrative Service (Appointment by Promotion) Regulations,1997 -- Reguls.7, 8 - Indian Administrative Service (Recruitment) Rules, 1954 - Appointment to Indian Administrative Services - Reservation of posts - Petitioner belonging to SC community..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Admissibility of document and fabrication of document - Admissibility of document is always subject to proof by exhibiting the document - It is to be elicited in the cross examination any aspect which will militate against genuineness of document - Court was unjustified in declining defendants the..........
