Consumer Protection Act, 1986, Section 3, Workmen's Compensation Act, 1923, Section 31 -- Additional remedy - Award by Workmen's Compensation Commissioner - Plea that he is the appropriate authority to execute the Award against the Insurance Company under Section 31 of the 1923 Act and proceedings under the 1986 Act not maintainable repelled - Findings of the District..........
Transfer of Property Act, 1882, Section 60 -- Right of redemption - A statutory right - Subsists so long as mortgage subsists - Right to redeem mortgage can be exercised before it is foreclosed or estate is sold - Can be taken away in terms of Proviso to Section 60 and is extinguished by decree of Court or by act of parties...........
Penal Code, 1860, Section 120B -- Criminal conspiracy - For an offence punishable under Section 120 B, prosecution need not necessarily prove that the proprietors expressly agree to do or cause to be done illegal act - The agreement may be proved by necessary implication...........
Penal Code, 1860, Section 120B -- Criminal Conspiracy - A conspiracy is a continuing offence which continues to subsist till it is executed or rescinded or frustrated by choice of necessity - During its subsistence whenever anyone of the conspirators does an act or series of acts, he would be held guilty under Section 120-B of the Code...........
Penal Code, 1860, Section 467,471 -- For the purpose of convicting an accused u/s 467 r/w Section 471 IPC, it has to be shown that an accused either new or has reason to believe that the document was forged...........
Criminal trial -- Directions issued for compliance -
(i) All criminal courts shall ensure that appearance of the accused in all cases before them is completed as expeditiously as possible after commencement of proceedings; (ii) Once appearance is completely, parties shall immediate be heard and appropriate orders on charge shall be passed - Charge/particulars of offence..........
Indian Penal Code, 1860, Section 34, 149 -- Common intention & common object - Distinction - Common intention denotes action in concert and necessarily postulates the existence of a pre-arranged plan implying a prior meeting of the minds, while common object does not necessarily require proof of prior meeting of minds or preconcert - Though there is substantial difference..........
Land Acquisition Act, 1894, Section 30, 18 -- Operate independently and do not overlap - Difference between reference under Section 18 and Section 30 lies in respect of - (i) locus - different conditions for making reference under Section 18 and Section 30, (ii) disputes referable - difference between disputes referable under Section 30 and Section 18, (iii) nature of..........
Land Acquisition Act, 1894, Section 11, 12(1), 29 -- Finality to award under Section 12(1) - Between Collector on one hand and 'persons interested' on the other hand - Attaches to - (i) true area i.e. measurement of land, (ii) value of land i.e. quantum of compensation, and (iii) apportionment of compensation among 'persons interested' - 'Persons interested' bound by award..........
Land Acquisition Act, 1894, Section 30, 18, 3(b) -- Maintainability of reference of State - Dispute as to pre-existing right of Government in land - Cannot be referred either under Section 18 or Section 30 - Award made by Collector - Cannot be called in question by State seeking reference under Section 30 - State not a 'person interested' as defined in Section 3(b) - Land..........
