Constitution of India, 1950, Article 14, 19 -- Restriction by State law as violative of Arts.14, 19 of Constitution - Restrictions imposed by State Act are reasonable restrictions envisioned by the Constitution and that they protect the rights and ensure the welfare of private security guards engaged by private security agencies...........
Private Security Agencies (Regulation) Act, 2005 -- Maharashtra Private Security Guards (Regulation of Employment & Welfare) Act, 1981 - Applicability of Enactment - Question of applicability of Central Act and State Act both would apply concurrently as the State Act duly received the assent of the President - Appeals dismissed...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Suit u/s 92 has to be instituted by two or more persons with leave of court in respect of trust created for public purposes either charitable or religious - It has no application where trust is of a private nature - For bringing a suit u/s.92, existence of a public trust is sine qua non...........
Civil Procedure Code, 1908, Section 92 -- Private trust - Not amendable to S.92 CPC...........
Prevention of Corruption Act, 1988, Section 12, 7, Indian Penal Code, 1860, Section 107, 120B -- Sting operation by private persons - Held, a journalist or any other citizen who has no connection with favour that is allegedly sought in exchange for bribe offered cannot be imputed with necessary intent to commit offence of abetment u/s 12 or that of conspiracy u/s.120-B..........
Motor Vehicles Act, 1988, Section 166 -- Motor accident - Loss of earning - Determination - Appellant's left leg got amputated in accident - He was a bachelor of 24 years of age - He is B.E. degree holder and was working as Quality Engineer in private company - He contended that at the time of accident he was earning Rs.17,200/- P.M. - He failed to produce any document to..........
Motor Vehicles Act, 1988, Section 166 -- Motor accident - Compensation - Loss of future income - Appellant's left leg got amputated in accident - He was a bachelor of 24 years of age - He is B.E. degree holder and was working as Quality Engineer in private company - Evidence on record shows his monthly salary as Rs.12,840/ - He suffered 60% permanent disability - Held,..........
Indian Penal Code, 1860, Section 96, 34 -- Exceeding right of private defence by one accused - In such a case, the guilt of each of the accused, who had exceeded the right of private defence, has to be dealt with separately - The matter will be different if right of private defence did not exist at all or accused persons had done any overt act - Constructive liability as..........
Indian Penal Code, 1860, Section 96, 97, 98, 99, 100 -- Private defence - Even if an accused does not take the plea of private defence, it is open to court to consider such a plea if the same arises from the material on record and burden to establish such a plea is on accused and that burden can be discharged by showing preponderance of probabilities in favour of that plea..........
Indian Penal Code, 1860, Section 304(Part I), 96 -- Right of private defence - Appellant fired gun shot but not with intention of causing death of deceased - Held, High Court rightly came to conclusion that appellant exceeded right of private defence and rightly convicted him u/s 304(Part I) IPC...........
