Criminal Procedure Code, 1973, Section 144 -- Breach of peace - Exercise of power by Executive Magistrate - Held, Executive Magistrate exercising power u/s 144 of the Code has no jurisdiction to decide a dispute of a civil nature between two sections of people, which is in realm of private law - Executive Magistrate is not expected to invoke power u/s 144 of the Code in a..........
Right to Information Act, 2005, Section 2(h) -- Public authority - Any body owned or controlled by the appropriate Government and any body substantially financed by funds provided by the appropriate government as also any non-government organisation substantially financed by funds provided by the appropriate Government would fall within the inclusive limb of the definition..........
Industrial Disputes Act, 1947, Section 2(oo) , 11A -- Misconduct - Termination - Non holding of enquiry - With reference to Section 11A of ID Act management produced evidence before the Labour Court and justified its action with regard to order of termination - Merely for the reason that an inquiry has not been held before the order of termination was passed by the..........
Hindu Minority and Guardianship Act, 1956, Section 8, 11, 12 -- Sale of minor's interest by a de facto guardian in violation of express bar provided under the section is per se invalid - Legal necessity not relevant in a invalid transfer - A transferee of such alienation does not acquire any interest in the property - Such invalid transaction is not required to be set..........
Indian Penal Code, 1860, Section 300 -- Clause (4) - Clause (4) of Section 300 would be applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons-being caused from his imminently dangerous act, approximates to a practical certainty - Such knowledge on the part of the..........
Indian Penal Code, 1860, Section 299 -- Clause (c), S.300 Clause (4) - Both the provisions require knowledge of the probability of the act causing death - Clause (4) of Section 300 would be applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons - being caused from..........
Criminal Procedure Code, 1973, Section 437, 439 -- Interim bail pending hearing of a regular bail application - Can be granted except in the following circumstances - (i) In a case of grave offence like murder, dacoity, robbery, rape etc. ; (ii) The case involves an offence under the U.P.Gangsters Act and in similar statutory provisions; (iii) The accused is likely to..........
Probation of Offenders Act, 1958, Section 4, Essential Commodities Act, 1955, Section 7 -- Liquefied Petroleum Gas (Regulation of Supply & Distribution), Order, 1988 Clause 4 - Accused convicted and sentenced to undergo RI for two years and to pay a fine of Rs.2, 000/- under Section 7 of the Essential Commodities Act for violation of Liquefied Petroleum Gas, Order 1988 -..........
Specific Relief Act, 1963, Section 19, Bombay Court Fees Act, 1959, Section 6(ha) -- Specific performance - Court fees - Substantive relief claimed in respect of specific performance of agreement - Claim between the vendor and vendee is essential - Subsequent transferee is required to be impleaded only for the purpose of issuing direction to him to join the vendor in..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Held that provisions of Section 24A is pre - emptory in nature and requires Consumer Forum to see before it admits the complaint that it has been filed within two years from the date of accrual of cause of action - As a matter of law, the Consumer Forum must deal with the complaint on merits only if the complaint..........
