Specific Relief Act, 1963 -- Section 28(1) - Agreement dated 16.08.1980 of lease of Trust property - Specific performance - Increased in value of property - Plea that if Trust property is allowed to be leased out at the rate settled in 1980 Trust wilt lose substantially - Held that increase in the value of the immovable property on account of inflation, is no ground to..........
Constitution of India, 1950, Article 14,16, Haryana Civil Services (Executive Branch) and Allied Services and other Services Common/ Combined Examination Act, 2002, Section 1(2),1(23),3,4 -- Punjab Civil Service (Executive Branch) Rules, 1930, Rule 3 - Challenge to validity of Act of 2002 - Held that retrospectivity in the Act cannot be held to be ultra vires except first..........
Representation of the Peoples Act, 1951, Section 83(1), 86(1) -- Conduct of Election Rules, 1961, Rule 94A - Election petition - Affidavit - Defect in affidavit - Non-compliance with the provisions of Section 83 of the Act does not attract the consequences envisaged by Section 86(1) of the Act - An election petition is not liable to be dismissed in limine u/S.86 of the Act..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - It is imperative on the court to record the statement under Section 313 Cr.P.C. of the accused persons so as to give opportunity to the accused persons to explain any incriminating circumstance proved by the prosecution - If such opportunity is not afforded, the incriminating piece of..........
Bihar State Universities Act, 1976, Section 2(c),2(i),4(1),14,35 -- Non - obstante clause - Difference in language employed in the non-obstante clauses in Section 4(1) (14) and somewhat similar clause in Section 35 of the Act - Proviso to clause 14 of Section 4(1) uses the expression `notwithstanding anything to the contrary contained in this Act' whereas opening part of..........
Civil Procedure Code, 1908, Section 104(1)(2), 4, 100A, Order 43, Rule 1 -- Prior to 1976, 2002 amendment - Letters Patent, Cl.15 (Madras) - Order of Signal Judge in appellate jurisdiction - Letter Patent Appeal - Maintainable - Appeal under Cl.15 of LPA of High Court is one provided by law for time being in force - And at relevant time S.100-A did not bar such an appeal -..........
Apprenticeship Act, 1961, Section 4(4),2(aa) -- Apprenticeship Rules, 1992, Rule 6 - Apprentice - Contract of apprenticeship - Expression `shall' appearing in sub-section (4) of Section 4 of the Apprenticeship Act, 1961 is directory - Non registration of the contract will not change the character of the apprentice and they will not acquire the status of a workmen - Once..........
Indian Penal Code, 1860, Section 304B -- Under Section 304B, the Court is not empowered to impose fine as a punishment...........
Indian Penal Code, 1860, Section 304B, 498A -- A person charged and acquitted under Section 304B can be convicted under Section 498A without a specific charge being there, if such a case is made out...........
Criminal Procedure Code, 1973, Section 133 -- For operation of the provision it must be shown that the interference with public comfort was considerable and a large section of the public was affected injuriously...........
