Interpretation of statue -- Proviso to Section - Normal rule is that a proviso excepts something out of enactment which would otherwise be within the purview of enactment but if the text, context or purpose so require, a different rule may apply...........
Rent and Eviction -- Residential-cum-commercial building - S.20(4) Proviso of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Held, a building which can be used for residential as well as commercial purposes cannot be said to be excluded from the clutches of proviso to sub-section (4), if built, or acquired in vacant state within..........
Constitution of India, 1950, Article 16(4A) -- This enabling provision enables States to frame rules for reservation for the weaker section - While framing the Rules, the principles and circumstances laid down by Supreme Court must be fulfilled - Parameters of Article 335 are also to be kept in mind...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Reduction of sentence - Accused convicted and sentenced to undergone R.I of 3 years by trial Court - High Court reduced the sentence to period already undergone i.e 4 months and 20 days, on the ground that accused belonged to weaker section of society and first offender - Once the offence u/s 306 IPC is proved,..........
Criminal Procedure Code, 1973, Section 386 -- Expression `after perusing such record' in S.386 Cr.P.C., is a condition precedent to a proper disposal of an appeal either by dismissing the same or in any manner contemplated in said Section...........
Transfer of Property Act, 1882, Section 10 -- Condition restraining sale - Partition deed - S.10 of Act does not apply in the case of partition - However, it cannot be said that any condition or limitation absolutely restraining the sharers in a partition deed from parting with or disposing of their rights in the properties will be valid - As though the S.10 of Act may not..........
Income Tax Act, 1961, Section 43B -- 1988 amendment - Any amount payable by the assessee, by whatever name called, would be deductible if actually paid in time - This includes tax, duty, cess, fee or called by any other name - Respondent not paying the Vend fee in time - Revenue disallowing the same - High Court missing the 1988 amendment enlarging the scope of section..........
Central Excise Act, 1944, Section 11B, Central Excise Rules, 1944, Rule 12, 13 -- In case of non-compliance with provisions of section 11B, Rule 12 and 13 will not apply...........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304 -- Discharge - Offence u/s 304(Part I)PC - Rash and negligent driving - Statement in panchnama cannot be considered as evidence on either side except considering the details of place of incident and there cannot be any such presumption at least at such stage without allowing prosecution to..........
Criminal Procedure Code, 1973, Section 300 - - Dismissal of complaint or discharge of an accused - Not to be construed as acquittal, for the purposes of this Section...........
