Hindu Succession Act, 1956, Section 4 -- Customary Law has been specifically excluded in terms of Section 4 of Hindu Succession Act...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 1(4)(since - - Constitutional validity - Held, S.1(4) of Act to the extent it says that acts mentioned in Section 3 committed on or before 24.05.1995 can still be treated as a crime and punished under the TADA, though the same act committed after 24.05.1995 cannot, is ultra vires Art.14 and hence is..........
Motor Vehicles Act, 1988, Section 140, 173 -- Motor accident - Compensation - No fault liability - S.140 makes the owner of vehicle liable but not the insurer per se - S.140 of the act does not contemplate that an Insurance Company shall also be liable to deposit the amount while it has no fault whatsoever in terms of sub-section (2) and S.147 of the Act...........
Indian Penal Code, 1860, Section 85 -- Three propositions as regards the scope and ambit of Section 85 IPC are : (i) The insanity whether produced by drunkenness or otherwise is a defence to the crime charged; (ii) Evidence of drunkenness which renders the accused incapable of forming the specific intent essential to constitute the crime should be taken into account with..........
Transfer of Property Act, 1882, Section 62, 111 -- Evidence Act, 1872, Section 115 - Estoppel - Tenancy followed by mortgage - Suit for redemption - Mortgagee disputing right to recover possession - Mortgage deed acted upon - Parties altered there position knowingfully well there mutual rights and obligations under the agreement - Mortgagee estopped from disputing the..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Arbitrator - Appointment - Recourse to sub-section (6) can be had only where the parties have agreed on a procedure for appointment of an arbitrator but (a) a party fails to act as required under that procedure; or (b) the parties, or the two appointed arbitrators, fail to reach an agreement expected of them under..........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment - Request to the Chief Justice for appointment of an arbitrator can be made under sub-sections (4) and (5) of Section 11 where parties have not agreed on a procedure for appointing the arbitrator as contemplated by sub-section (2) of Section 11 - A request to the Chief Justice for appointment of..........
Evidence Act, 1872, Section 25, Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15 -- Confession - Made by accused before Police Officer - Admissible in evidence - Guidelines for recording confession are : (1) The confession should be recorded in a free atmosphere in the same..........
Indian Penal Code, 1860, Section 304 Part I -- Nature of offence - Occurrence took place in the night in almost dark conditions with feeble light and attack was made indiscriminately - Appropriate conviction would be under Section 304 Part I, IPC...........
Constitution of India, 1950, Article 226, 227 -- Land acquisition - Scope of interference - Proper administrative exercise conducted to ensure development of residential area - Court not to re-appraise or review the land to be acquired or release - Court not to sit in appeal over the exercise of authority vested with task of implementing development plan. Land Acquisition..........
