Limitation Act, 1963 - S.3 - Plea of limitation is the plea of jurisdiction and the Court or Tribunal is under obligation to determine / decide the point of delay even in absence of plea to the same effect set up as a defence. Basic Shiksha Parishad v. U.P.P.S.T. Lucknow, https://bit.ly/SB159of1998 21-12-2018
Criminal P.C. 1973 - S. 391 - Scope and ambit of - Appellate Court may take further evidence or direct it to be taken - Even at the stage of hearing of an appeal before a High Court, it is possible that additional evidence is permitted to be led. Shanker @ Shiv Shanker Verma v. State of U.P., https://bit.ly/CrlA1293of2013 21-12-2018
Electricity Act, 2003 - Electricity (Supply) Act, 1948 - Electricity (Regulation of Supply, Distribution, Consumption and Use) Order, 1977 (U.P.) - Electricity Consumption Charges - Consumer Grievance Redressal Forum - Electricity Ombudsman. Chandra Mohan Goyal v. U.P. Power Corporation Ltd., W.P. (C) No. 29490 of 2008 20-12-2018
Motor Vehicles Act, 1988 - Ss. 168 & 173 - the only requirement for determining the compensation is that it must be 'just'. There is no other limitation or restriction on its power for awarding just compensation. Oriental Insurance Co Ltd v. Bhairo Prasad, F.A.O. No. 180 of 2005 20-12-2018
Evidence Act, 1872 - S. 92 - Exclusion of evidence of oral agreement - the first appellate court has incorrectly discarded the evidence by resorting to section 92 and has failed to record its reasons upon consideration of the evidence in detail as to the fact whether the plaintiff could establish its case regarding its ownership and possession. Rishikesh v. Harikesh, S.A. No. 238 of 1991 20-12-2018
Medical Evidence - Faecal matter and gases found in the intestine - Presence of semi digested food in the stomach of deceased is not conclusive in itself for determining time of death. Arvind v. State of U.P., Crl.A. No. 298 of 1997 19-12-2018
Service Law - Compulsory Retirement from service invoking the provisions of Fundamental Rule 56 (c) of the Financial Hand Book, Vol.-II, Part-2 to 4 - Although the purpose of FR 56 was to weed out worthless employees without punitive extremes, if, under the guise of "public interest", an order of premature retirement is made for any other purpose, it would be the surest menace to public interest and the order must fail for unreasonableness, arbitrariness and "disguised dismissal". Ram Charitra Yadav v. State of U.P. Thru Secretary, Revenue, Lucknow, S.S. No. 5904 of 2002 19-12-2018
Death Sentence - Accused is presently aged about 73 years and is in the twilight of his life, the death penalty awarded to him be converted to imprisonment for life. Patanjali Bhardwaj v. State of U.P., C.C. No. 4810 of 2014 18-12-2018
Penal Code, 1860 - Ss. 363, 366 & 376 - Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - S.3(2)(V) - Offence of Rape - Punishment for Kidnapping - Trial Judge has rightly and appropriately appreciated the facts and law and passed the order of conviction for the charges leveled against the appellant. Jhhau v. State, J.A. No. 4024 of 2009 18-12-2018
Service Law - University - Post of Assistant Agronomist (Deep Water Rice) - the Vice-Chancellor of the University or the Director, Administration and Monitoring of Narendra Dev University of Agriculture & Technology, Kumarganj, Faizabad shall appear in person along with record to assist the Court. Mahendra Singh v. V.C Narendra Deo University, 17-12-2018