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Section 376 -- Offence of Rape -- False promise of marriage cannot be considered rape -- It could not be said by any stretch of imagination that the prosecutrix had given her consent for the sexual relationship with the appellant under the misconception of fact, so as to hold the appellant guilty of having committed rape within the meaning of Section 375 of IPC.
Hindu Succession Act, 1956 -- Transfer of Property by release deed -- By the mere execution of Release Deed, no transfer took place, for the reason that the transferor, namely, the father of Appellants did not have any right at all which he could transfer or relinquish -- Natural guardian would have the power to do all acts, which are necessary or reasonable and proper for the benefit of the minor or realisation, protection or benefit of the minor’s estate
Company Law -- Winding-up Petition -- While passing an order of injunction, the Courts are required to be guided by the principles of prima facie case, balance of convenience and irreparable injury -- Blanket order directing maintenance of status quo in respect of the all 11 properties admeasuring 115 acres is not justified. If such an order is allowed to continue, it will cause irreparable injury.
Tamil Nadu Marine Fishing Regulation -- Purse Seine Fishing -- Fishing beyond territorial waters -- Conflict of economic interests, between Fishermen -- Biological diversity is another aspect -- Allowing only registered Fishing Vessels.
Assam Medical Council Act, 1999 -- Rural Health Law -- Act was enacted to provide for the establishment of a regulatory authority in the State of Assam to register the Diploma holders in Medicine and Rural Health Care (“DMRHC”), to regulate their practice in medicine in rural areas and to regulate the opening of medical institutions to impart education and training for the course of Diploma in Medicine and Rural Health Care.
Criminal Procedure -- Police Investigation -- Chare-sheet/Final Report u/Section 173, Cr. P. C. -- Copies of the charge-sheet and the relevant documents along with the charge-sheet do not fall within Section 4(1)(b) of the RTI Act, so, there is no duty case upon public Authority to provide suo motu information. (Para 6)
State Insurance Act -- Demand notice -- Demand notices for the period after 20.10.1989, there shall be liability of every factory or establishment irrespective of the number of persons employed therein -- Only in case of demand notice for the period prior to inserting Sub-section (6) of Section 1 of the Act, it can be said that the same provision has been applied retrospectively.
Service Law -- Disciplinary Proceedings -- In termination of an employee of a recognized institution prior approval of the Director of Education or an officer authorised by him has to be obtained -- Section 18, makes no distinction between the termination, removal, or reduction in rank after the disciplinary proceedings/enquiry or even without disciplinary proceedings/enquiry.
Arbitration and Conciliation Act, 1996 -- Sections 34 and 34(2)(a) -- Arbitration proceedings commenced and concluded prior to the amendment of section 34(2)(a) by Act 33/2019, pre-amendment of Section 34(2)(a) shall be applicable -- Evidence by way of evidence/Additional Evidence may not be allowed, it the subject matter of the dispute is no capable of settlement or the Arbitral Award is against Public Policy.
Negotiable Instruments Act, 1881 -- Sections 118(a), 138 and 139 -- Once the execution of cheque is admitted, Section 139 of the N.I. Act mandates a presumption that the cheque was for the discharge of any debt or other liability.
Land Acquisition Act, 1894 -- Sections 4, 16, 31 & 31(1) -- Land Acquisition -- Locus standi of subsequent purchaser and declaration of ‘deemed lapsing’ -- Subsequent purchaser had no locus standi to challenge acquisition and/or lapsing of acquisition proceedings.
Civil Law -- Contract -- Permissibility and Estoppel -- Signing the agreement and issuing an undertaking would estop Respondent No.1 from challenging the levy of Rs.1,00,000 as irrigation restoration charges.
Consumer Protection -- Insurance Claim -- Insurance Contract -- Fire and Special Perils Policy -- Extent of liability -- It was not required to replace the property damaged, but it was required to re-instate/replace, only as circumstances permitted and in sufficiently reasonable manner -- In any case, the Company is unable to reinstate or repair the property insured, because of any municipal or other regulations in force affecting the alignment of streets or the construction of buildings or otherwise, the Company shall be liable to pay such sum as would be requisite to reinstate or repair such property if the same could lawfully be reinstated to its former condition.
Income Tax Act, 1961 -- Striking down Section 10(26AAA) -- That the benefit of income-tax exemption presently is restricted only to those Sikkimese who fall within the three clauses of the Explanation to Section 10(26AAA) of the I.T. Act, 1961, or those persons domiciled in Sikkim, or are Sikkimese as covered under the 1961 Regulation.
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – Land acquisition.
Rajasthan Motor Vehicles Taxation Act, 1951 -- Section 4-B(3) -- Road tax on a transport vehicle.
Constitution of India, 1950 -- Article 32 -- Writ Petition to provide Medical facilities to Advocates practicing at Supreme Court -- It is submitted that under the CGHS, facilities cannot be extended to the members of the Bar-Advocates.
Trade Tax -- Exemption from Tax -- Grant of eligibility certificate under ‘modernisation’ instead of eligibility certificate under ‘diversification’ scheme -- Goods manufactured on use of advance and/or modern technology, cannot be said to be a different commercial activity at all.
Premature release -- Period of Parole to be excluded from the period of sentence while considering the 14 years to actual imprisonment for the purpose of premature release.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 -- Auction of Agricultural land -- Shifting burden upon the secured creditor to prove that the properties were not non-agricultural lands or have been put to non-agricultural use.
Company Law -- Corporate Insolvency Resolution Proceedings (CIRP) -- If the application u/Section 9, IBC is filed beyond the period of limitation, Adjudicating Authority/NCLT is obliged to consider the claim for condonation of delay u/Section 5 of Limitation Act, in terms of which, showing of ‘sufficient cause’ is the only criteria.
Company Law -- Securities and Exchange -- Violation of SEBI (SAST) Regulations and SEBI (PIT) Regulation -- Appropriate Forum for adjudication and determination of violation -- Transactions falling within the jurisdiction of Regulatory bodies created under a statute must necessarily be subjected to their extant scrutiny, enquiry and adjudication.
Interest-Tax Act, 1974 -- Tax liability -- Taxation depends upon the language of the charging section and what is brought to tax within the four corners of the charging section.
Demonetization -- Notification was issued to meet three concerns, viz. elimination of fake currency, black money and terror financing are not proper -- In order to achieve these objectives, the Central Government, on recommendations of Central Board, took the decision to demonetize those Bank Notes.
Criminal Law -- Murder and destruction of evidence -- As noticed, there is nothing on record to find that the appellant was a person of unsound mind at the time of commission of crime or was a person of unsound mind when tried in this case. Post-conviction behaviour is hardly of any relevance.