Minimum Wages Act, 1948, Section 3 , 4 , 5 -- Minimum wages - Fixation of minimum rate of wages - The fields governed by Section 3, 4 and 5 of the Act are different - These sections although are inter linked but not interdependent, as the power exercised by the appropriate Government under these sections can be invoked collectively as well as individually depending upon..........
Criminal Procedure Code, 1973, Section 389, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Suspension of conviction and sentence - Conviction u/s 13(1)(d) r/w S.13(2) and S.7 of Prevention of Corruption Act - Where there is an order of conviction, though the power to suspend such order of the conviction is not alien to Section 389 of the Code, its..........
Punjab Land Revenue Act, 1887, Section 44, 45 -- Entries in record of rights - Presumption of correctness - Onus is always on the person to prove, who pleads that the entries are not correct and not on the person in whose favour the entries in the revenue record have been made as presumption of truth is always attached to the jamabandi entries, unless the same have been..........
Indian Penal Code, 1860, Section 34 -- Common intention - Law as to - Direct proof of common intention is seldom available - Such intention can only be inferred from the circumstances appearing from the proved facts and proved circumstances - There must be plan or meeting of mind of all the accused persons to commit the offence - It can be pre-arranged or on the spur of..........
Indian Penal Code, 1860, Section 415 -- Cheating - Ingredients of offence of cheating are : (i) deception of a person either by making a false or misleading representation or by other action or omission; (ii) fraudulently or dishonestly inducing any person to deliver any property; or (iii) to consent that any person shall retain any property and finally intentionally..........
Criminal Procedure Code, 1973, Section 433 -- Order of commutation is just reiteration of the identical reports submitted by different government authorities without any independent scrutiny - Powers conferred upon the appropriate Government under Section 433 Cr.P.C., must be exercised in accordance with rules and established principles - While exercising such power,..........
Maharashtra Control of Organised Crime Act, 1999, Section 9, 23 -- Jurisdiction - Section 23(2) is a threshold provision having a direct bearing to the jurisdiction of the Special Court to take cognizance u/s 9(1) of MCOCA...........
Maharashtra Control of Organised Crime Act, 1999, Section 9, 23 -- Section 9 of MCOCA cannot be invoked independent of S.23 - Special Court is empowered to take cognizance of an offence under MCOCA even on a private complaint and power vested is controlled by the provisions of Section 23(2) of the Act...........
Maharashtra Control of Organised Crime Act, 1999, Section 23 -- Special Judge is precluded from taking cognizance on a private complaint upon a separate inquiry u/s 156(3) Cr.P.C. - Bar of Section 23(2) continues to remain in respect of complaints, either of a private nature or on a police report...........
Punjab Tenancy Act, 1887, Section 59(4) -- If deceased tenants leaves no such person as mentioned in sub-section (1) on whom his right of occupancy devolved under that Section, the rights shall be extinguished...........
