Criminal Procedure Code, 1973, Section 197(5), 197(6)(ii) (as amended by State of Assam by Amending Act, 1984, Assam General Clauses Act, 1915, Section 6 -- Sanction for prosecution - 'Public Servant' - Sanction for prosecution of public servant not granted under Section 197(5) Cr.P.C. (as amended by State of Assam by Amending Act, 1984) - Later State Government repealed..........
Arbitration and Conciliation Act, 1996, Section 37(1)(b) -- Section 37(1)(b) of 1996 Act is in pari material to Section 39(1)(vi) of 1940 Act - Order passed under Section 34 of the Act - Appeal is maintainable u/s 37(1)(b) of the Act...........
Punjab Co-operative Societies Act, 1961, Section 68, Haryana Co-operative Societies Act, 1984, Section 102 -- Difference between the two Acts - Relevant provisions of Haryana Act are somewhat different from the Punjab Act - S.103 of Haryana Act provides for an appeal from an Award, which may be passed by the Arbitrator appointed in terms of Section 103 of the Act - There..........
Criminal Procedure Code, 1973, Section 195, 340, Land Acquisition Act, 1894, Section 18, 26 -- Land acquisition - Award given by Collector - Reference made to Civil Court - Fraud took place in awarding compensation - Subordinate Judge, his staff, advocates of claimants, advocates appearing on behalf of the State and other officials involved - As per Section 26 of Land..........
Criminal Procedure Code, 1973, Section 195, 340, Land Acquisition Act, 1894, Section 18, 26 -- Land acquisition - Award given by Collector - Reference made to Civil Court - Fraud took place in awarding compensation - Subordinate Judge, his staff, advocates of claimants, advocates appearing on behalf of the State and other officials involved - As per Section 26 of Land..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Post Office Act, 1898, Section 48 - Post Office Guide, Part I, Rule 220 - Postal services - Money order - Non delivery of - Ground that address of the addressee to whom the money was to be delivered was incomplete as her husband or her father's name not mentioned - Defence of Section 48(c) of the 1898 Act and Rule..........
Indian Penal Code, 1860, Section 377 -- Rule regarding non requirement of corroboration is equally applicable in an offence under Section 377 IPC...........
Indian Penal Code, 1860, Section 451, 377 -- Unnatural offence - 10 years old girl - Carnal intercourse against order of nature - Evidence of a victim of sex offence is entitled to great weight, absence of corroboration notwithstanding - Corroboration is not the sine quo non for conviction in a rape case - Rule regarding non requirement of corroboration is equally..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A -- FIR filed by wife under section 498-A IPC against husband and others - Quashing of FIR sought on the ground that it was a counter-blast to divorce petition filed by husband - Whether FIR was as a counter-blast to the divorce petition or not is to be decided by Trial Court after parties..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A -- Additional accused - Summoning of - A statement without cross-examination can be used to pass an order under section 319 Cr.P.C. - Magistrate can summon a person as additional accused on basis of said statement...........
