FIRST LAW

Limitation Act, 1963 - Sections 5 and 14 -  Object & purpose of prescribing limitation - Extension of prescribed period in certain cases - Exclusion of time of proceeding bona fide in court without jurisdiction - Time spent for pursuing the matter before the Consumer Forum had to be excluded .

Administrative Tribunals Act, 1985 - Sections 14 and 15 - Jurisdiction, powers and authority of the Central Administrative Tribunal and State Administrative Tribunals -  All service matters concerning a member of any All-India Service pertaining to the service of such member in connection with the affairs of any State can only be decided by the CAT which has jurisdiction - Persons covered by Section 14(1)(b) of the Act are expressly excluded from the gamut of Section 15(1)(b) of the Act in the grant of reliefs by the KAT in an application.

The Hindu Marriage Act, 1955 – Section 25 - Permanent Alimony and Maintenance - In order to claim permanent alimony by a wife, what is to be considered is the amount required by the wife to maintain a standard of living which is neither luxurious nor penurious, but should be modestly consistent with the status of the family.

Negotiable Instruments Act, 1881 – Section 148 – Deposit of minimum of 25% of the fine or compensation awarded by the trial Court for suspension of sentence – Section 148 of the N.I. Act as amended, shall be applicable in respect of the appeals against the order of conviction and sentence for the offence under Section 138 of the N.I. Act, even in a case where the criminal complaints for the offence under Section 138 of the N.I. Act were filed prior to amendment Act No. 20/2018 i.e., prior to 01.09.2018. If such a purposive interpretation is not adopted, in that case, the object and purpose of amendment in Section 148 of the N.I. Act would be frustrated. Question of Law Whether the first appellate court is justified in directing the accused who have been convicted for the offence under Section 138 of the N.I. Act to deposit 25% of the amount of compensation/fine imposed by the trial Court, pending appeals challenging the order of conviction and sentence and while suspending th...

The Indian Penal Code, 1860 – Section 420 - M ere failure to return the security deposit will not attract the offence of cheating.

Penal Code, 1860 – S. 307 - Attempt to Murder - the offences U/s 307 and allied sections of penal code is the offence against the society, irrespective of the fact to whom it was caused and to gauge the gravity of the offence, nature of weapon used, seat of the injuries and number of the assault inflicted upon the injured are guiding factors.

The Code of Criminal Procedure, 1973 -  Section 482 - The Indian Penal Code, 1860 - Section 376 - Rape - Quashing of Complaint -  Whether the prosecution against the petitioner for committing an offence punishable under Section 376 I.P.C can be quashed on the ground that the parties have compromised and settled the matter and that the petitioner has married the victim of the offence.

Road Development - Having taken a decision and having collected funds also for developing the road, the State Government is not at liberty to back out from the project, since the projects are still in force.

The Negotiable Instruments Act, 1881 - Section 138 - Notice - the omission or error in the notice to mention the nature of the debt or liability, does not render it invalid.

The Constitution of India – Article 226 - The Securitization and Reconstruction of Financial Assets and Enforcement of Security Act, 2002 - The Security Interest (Enforcement) Rules, 2002 - Rule 8 (1) - Section 13 (4) - There may be sometimes genuine reasons for the borrowers for being late in payments but such issues can be addressed by the appropriate forum provided for dealing with these matters. The extraordinary jurisdiction of Court is not to be invoked in such cases.

The Indian Penal Code, 1860 - Sections 420 and 120B - Cheating - Mere entry of possession over the lands in the revenue record does not create any title nor did the said entry cause any financial loss to the Government.

2019 (7) SCALE 314 | Pre­conception and Pre­natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 - The instant writ petition has been filed by the Federation of Obstetrics and Gynaecological Societies of India (FOGSI) highlighting the issues and problems affecting the practice of obstetricians and gynaecologists across the country under the Act and challenging the constitutional validity of Sections 23(1) and 23(2) of the Act and seeking direction in the nature of certiorari / mandamus for decriminalising anomalies in paperwork/record keeping/clerical errors in regard of the provisions of the Act for being violative of Articles 14, 19(1)(g) and 21 of the Constitution of India. The Society is the apex body of obstetricians and gynaecologists of the country and is concerned for the welfare of its members. Arun Mishra & Navin Sinha, JJ. Federation of Obstetrics and Gynecological Societies of India (FOGSI) Secretary General v. Union of India , W.P. (C) No. 129 of 2017...

Advocate - An advocate is duty bound to act as per the higher status conferred upon him as an officer of the court. He plays a vital role in preservation of society and justice delivery system. Advocate has no business to threaten a Judge or hurl abuses for judicial order which he has passed. Arun Mishra & Navin Sinha, JJ.  Rakesh Tiwari, Advocate v. Alok Pandey, CJM , Crl.A. No. 1223 of 2015 10-05-2019 Advocate  - In case of complaint of the Judge, it was open to the advocate to approach concerned higher authorities but there is no licence to any member of the Bar to indulge in such undignified conduct to lower down the dignity of the Court. Such attempts deserve to be nipped at the earliest as there is no room to such attack by a member of noble profession. Arun Mishra & Navin Sinha, JJ. Rakesh Tiwari, Advocate v. Alok Pandey, CJM , Crl.A. No. 1223 of 2015 10-05-2019 Appeal to Supreme Court - Concurrent findings of three courts - Since all the three Cou...