Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Challenge to - Held, proposed detenue entitled to challenge detention order at pre-execution stage - He is also entitled to do so after several years had elapsed after passing of detention order on grounds other than five grounds enumerated in Alka Subhash..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 - - Proceedings u/s.7 - Absconding detenu - Challenge to detention orders - Live nexus theory - Held, those who have evaded process of law shall not be heard to say that their fundamental rights are in jeopardy - At least, where proceedings such as the one contemplated u/s.7 of..........
Motor Vehicles Act, 1988, Section 140, 166 -- Accident - Claim petition - Compensation - Claim of compensation in INR - Held, date of filing of the claim petition is the proper date for fixing the rate of exchange at which foreign currency amount has to be converted into currency of the country (INR)...........
Criminal Procedure Code, 1973, Section 223, 477 -- Criminal Rules of practice in Kerala, R.16 - - Application for splitting of case - Rejection of - Validity - Passage of four years since filing of charge-sheet - Charge could not be framed - Summons could not be served on accused who was in foreign country - Process of his extradition was lengthy process - Rejection of..........
Indian Penal Code, 1860, Section 376(2)(g) -- Girl of 14 years raped by four persons - No signs or marks of rape on person of victim - No report in respect of vaginal swab received - No evidence regarding presence of spermatozoa or any foreign object on undergarments or private parts of prosecutrix - Despite sufficient opportunity, prosecutrix did not disclose about..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - Delay in disposal - Does not vitiate the original order of detention - By reason of the delay, only further detention of the detenu will become illegal...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - Article 22(5) of the Constitution casts a legal obligation on the Government to consider the detenus representation as early as possible - Though no time limit is prescribed for disposal of the representation, the constitutional..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - Delay - Can be explained - Court can consider whether delay was occasioned due to permissible reasons or unavoidable causes - It is not enough to say that delay was very short - Even longer delay can be explained - The test is not the..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Representation - Delay - Held, seeking views of the sponsoring authority cannot be said to be a futile exercise...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Alternative relief - Petitioner claimed title on strength of alleged deeds of conveyance - By introduction of alternative relief wanted to incorporate relief of recovery of money on breach of express obligations embodied therein - Held, by an introduction of alternative relief complexion of suit shall be..........
