FIRST LAW

Civil Procedure -  Limitation - Rejection of Plaint - Plaint could not have been rejected on the ground of limitation - At the threshold, without any evidence being recorded, the Courts ought not to have rejected the plaint on the ground that the suit is barred by limitation.

Penal Code, 1860 - Ss. 376 & 506 (1) - Protection of Children from Sexual Offences Act, 2012 - Ss. 4 & 6 -  Every criminal act of rape or an attempt thereof does involve an indecent assault. In order to amount to an attempt to commit an offence, the act of the accused must have proceeded beyond the stage of preparation. If the act of the accused does not constitute anything beyond preparation and falls short of an attempt, he may escape the liability under Sections 376 and 511 of the IPC, and may be liable to be convicted only for an offence amounting to an indecent assault. [Para 76]

The Negotiable Instruments Act , 1881 - Sections 138 and 145 - The Code of Criminal Procedure, 1973 - Section  143 - Power of Court to try cases summarily - Evidence on affidavit - If the evidence of the witnesses could be by way of affidavit in terms of Section 145 NI Act, the evidence of the accused could also be way of affidavit.

1. IFFCO Tokio General Insurance Company Ltd. v. Bharatbhai Ramsingbhai Solanki, 10-09-2018 Motor Vehicles Act, 1988 - Section 173 - deceased was 30 years old and a self­employed - claimants would be entitled to increase in income as prospective income to the tune of 40%. 

Arbitration and Conciliation Act, 1996 - Sections 33 and 34 - Correction and interpretation of award; additional award - even after passing the award by the arbitral tribunal, recourse is available to the parties to the award to approach the Arbitrator for correction of the award or for correction of errors and also for the purpose of interpretation of a specific point in the award or part of the award. The arbitral tribunal is empowered to entertain such request and give its interpretation as per sub-section (2) of Section 33. Sub-section (4) of Section 33 says that request can be made by party unless otherwise agreed by the parties for making additional arbitral award in respect of the claims presented before the arbitral proceedings but omitted from the arbitral award. Therefore, it is permissible to approach the arbitral tribunal for correction, clarification, interpretation, and also if there is a case for making additional award. Oil and Natural Gas Corporation Ltd. v. Gujarat S...

1. Civil P.C. 1908 - S.47 - Questions to be determined by the Court executing decree - All questions relating to facts and law which have been raised or could have been raised and decided during trial, appeal or revision would not be reopened in the execution proceedings;  Anandbhai Prahladbhai Lokapur v. Veenaben Anandbhai Lokapur, 25-06-2018 F.A. No. 1687 of 2018