Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Phenolphthalein test - Colour of other samples was pink and remained throughout however, lime solution in which hands of accused were dipped does not show pink colour - Phenolphthalein test cannot be said to be conclusive proof against accused - Sample of shirt worn by accused does..........
Criminal Procedure Code, 1973, Section 145 -- Finding u/s 145 Cr.P.C. do not bind the competent court in a legal proceedings initiated before it - The decision has relevance in evidence to show that : (a) that there was a dispute relating to a particular property; (b) that the dispute was between the parties; (c) that such dispute led to the passing of a preliminary order..........
Constitution of India, 1950, Article 226, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, Section 47 - - Writ - Mandamus - Petitioner met with an accident on 30.03.1999 and retired on 08.03.2001 and appointed as chowkidar in year 2004 - Notification date 27.06.2005 is not retrospective in operation - Once notification..........
Protection of Women From Domestic Violence Act, 2005, Section 12, 18, 19, 20, 21, 22 -- Domestic violence - Interim maintenance - Final adjudication yet to be decided - PWDV Act is a special Act promulgated for protection of women of weaker section of society - Parameters of granting maintenance under the Act are quite different from the parameters for granting maintenance..........
Assam Land and Revenue Regulations, 1886, Section 69, 70 -- Sale of Land - It was necessary for State to have justified their action by showing that sincere attempt was made to first sell moveable as per procedure prescribed in S.69 and when it was noticed that it was not possible to recover arrears by sale of all attached moveable's, extreme step of recovery of arrears by..........
Evidence Act, 1872, Section 113A -- Abetment of suicide - Presumption - S.113-A of Act came into existence by way of amendment since 26.12.1983 but as it is a matter of procedure and evidence so, it has retrospective operation - Presumption under the said section is thus available to cases where incident took place prior to 26.12.1983...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Mode of trial - Directions issued : (1) All the subordinate Courts must make an endeavour to expedite the hearing of cases in a time bound manner which in turn will restore the confidence of the common man in the justice delivery system. When law expects something to be done within prescribed time..........
Land Acquisition Act, 1894, Section 18(2)(b) -- Reference to court - Limitation - Six weeks period as contemplated u/s 18(2)(b) of Act must necessarily be computed from the date of receipt of notice from Collector u/s 12(2) as provided in said section...........
Evidence Act, 1872, Section 65B(4) -- Electronic record - Statement pertaining to electronic record - Permissible on satisfaction of conditions viz. - (a) There must be a certificate which identifies the electronic record containing the statement; (b) The certificate must describe the manner in which the electronic record was produced; (c) The certificate must furnish the..........
Indian Penal Code, 1860, Section 376, Constitution of India, 1950, Article 142 -- Rape cases - Fast Tract Courts constituted for trial of rape cases - But fast tract procedure not framed - Interim directions issued : (i) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any..........
