Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - Contract executed on typed stamp paper containing arbitration clause - A printed form attached in which there was a clause excluding arbitration - Held, printed form attached to the contract which excludes arbitration will prevail over the general and special conditions attached to the contract..........
Criminal Procedure Code, 1973, Section 154, Delhi Special Police Establishment Act, 1946, Section 3 -- FIR - Anti Sikh riot case - FIR registered - Investigation entrusted to CBI - CBI re-numbered FIR in accordance with practice and obligation under their manual but contents of the earlier FIR not changed - Held, merely giving a new number to the FIR by CBI would not make..........
Displaced Persons (Compensation and Rehabilitation) Act, 1954, Section 19, Transfer of Property Act, 1882, Section 41 -- Bona fide purchaser - Evacuee land allotted to displaced person - Allottee transferring land through sale for valuable consideration - Chief Settlement Commissioner cancelled allotment being invalid - Held, transferee is not entitled to protection of..........
Criminal Procedure Code, 1973, Section 432, 433A -- Bihar Jail Manual, R.529(1) - Petitioner 64 years of age and sentenced to life imprisonment - Petitioner having undergone 11 years of imprisonment sought pre-mature release on the ground that she is suffering from heart blockage and other serious ailments - Nothing to indicate that she was suffering from terminal disease..........
Evidence Act, 1872, Section 106 -- Provision of S.106 of Evidence Act is not intended to relieve the prosecution to prove its burden of guilt beyond reasonable doubt - Provision is only helpful to the prosecution where it succeeds to prove facts from which a reasonable inference can be drawn regarding existence of certain other facts, unless the accused by virtue of..........
Constitution of India, 1950, Article 14, 136 -- Pay scale - Revision of pay scale - Withdrawal of pay scale - Tower Wagon Driver (TWD) in Eastern Railways - New plea - Special Leave Petition - Pay scale held to be a legitimate right of an employee - Except for valid and proper reasons it cannot be varied, that only in accordance with law - In the case of respondent none of..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Grant of - Petitioner alleged to have committed offences u/ss 420, 120-B, IPC and Ss.7, 13 of Prevention of Corruption Act - Allegations against petitioner, Ex-Minister and Chief Minister of State extremely serious in nature in view of post held by him - May be till date prosecution has been able to collect evidence that..........
Indian Penal Code, 1860, Section 394, 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/ss 394, 323, 504, 506 IPC and S.3(1)(x) SCST Act - Discharge application moved before Magistrate - Application rejected on the ground that case is triable by Special Court of Sessions and Magistrate has no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21 -- Recovery of 55 grams of heroin - Link evidence - Investigator stated that the property which was recovered was sealed - Neither in recovery memo nor in special report it was so mentioned - Form 95 was produced before the Magistrate on the next day - Property was produced before the special court..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of person as additional accused - Special Court constituted by High Court on direction of Apex Court for trial of Godhara riot cases - Witnesses deposed before said court, the role of accused in instigating who had indulged in arsoning, looting and murdering people of particular community - Peculiar facts and..........
