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Prohibition of Benami Property Transactions Act, 1988 — Section 45 — Bar of jurisdiction of civil courts — This section bars civil courts from entertaining suits or proceedings related to matters within the jurisdiction of authorities, Adjudicating Authorities, or the Appellate Tribunal under the Act — However, the question of whether a suit falls under this bar is itself a matter that can be considered in the context of Order 7 Rule 11 or Order XIV Rule 2. Penal Code, 1860 (IPC) — Section 34 — Common intention — Requires proof of pre-arranged plan or prior meeting of minds, which must be clearly discernible from the material on record — Mere presence at the scene of offence without proof of participation or shared intention is insufficient to sustain conviction with the aid of Section 34 IPC — Prosecution must establish that accused shared a common intention and acted in furtherance thereof. Police Manual, Jharkhand, Rule 828 read with Appendix 49 — Procedure for imposition of major penalties — Respondent No — 1 was provided with charge memorandum, relevant materials, afforded adequate defence opportunity, participated in enquiry, received enquiry report, and submitted representation, satisfying procedural fairness. Electricity Act, 2003 — Section 61(d), Section 62, Section 125 — Delhi Electricity Regulatory Commission (Terms and Conditions for Determination of Generation Tariff) Regulations, 2011 — Regulation 6.32, Regulation 4.1 — Capital Cost Recovery — Depreciation — Consumers’ Interest — The Electricity Act mandates that tariff determination must safeguard consumer interests and allow reasonable cost recovery — Depreciation recovery for a power plant cannot extend beyond the period for which electricity was actually supplied to consumers or the approved operational period under a Power Purchase Agreement (PPA), even if the plant has a longer technical useful life Sarva Shiksha Abhiyan (SSA) — Engagement of para-teachers on contract basis — Part of Government of India’s flagship program for universal elementary education — Aimed to address human resource gaps in employing teachers — Jharkhand Education Project Council responsible for implementation in Jharkhand — Para-teachers engaged since 2002 — Primarily vehicle for Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)

Abetment to Suicide—Acquittal—If appellants have been acquitted for the crime under Section 498-AIPC, then offence of abetment of suicide under Section 306 is not made out. Abetment to Suicide—Acquittal—Mere fact that there is a finding of harassment would not lead to the conclusion that there is abetment of suicide.

  (2017) 3 AICLR 628 : (2017) AIR(SCW) 2425 : (2017) AIR(SC) 2425 : (2017) AllSCR(Crl) 1151 : (2017) 2 AndhLD(Criminal) 259 : (2017) 2 ApexCourtJudgments(SC) 513 : (2017) 3…

Murder–Medical Opinion-Doctor has stated in cross-examination that “such injuries can be caused to a person if he meets accident”–There is no suggestion of the fact that at the place of incident any vehicle had passed through at the time of the incident-Order of acquittal by trial court held to be based on conjectures and surmises-Conviction by High Court upheld.

(2017) 99 ACrC 263 : (2017) 172 AIC 11 : (2017) 3 AICLR 240 : (2017) AIR(SCW) 1197 : (2017) 2 AirKarR 315 : (2017) AIR(SC) 1197 : (2017) AllSCR(Crl)…

Railway Theft of Luggage- the theft of the articles of the complainant happened solely on account of the deficiency on the part of the Indian Railways in rendering services to him by not deputing a TTE to remain present in the coach throughout the journey—Award of compensation by for a below upheld.

(2017) 1 ConLT 63 : (2017) 1 LawHerald(SC) 172 NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION GENERAL MANAGER (GENERAL) NORTHERN RAILWAY — Appellant Vs. LAKHANJI PURWAR — Respondent ( Before : Mr. Justice V.K. Jain,…

Insurance company contended that deceased was suffering from hypertension and same was known to him before talking policy but place no evidence in this regard opinion given by panel doctor and government doctor that the fall was on account of hypertension, seems to be quite a remote possibility—Award of compensation upheld.

(2017) 1 ConLT 83 : (2017) 2 CPJ 149 : (2017) 1 CPR 217 : (2017) 1 LawHerald(SC) 185 : (2017) NCJ 621 NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION UNITED INDIA INSURANCE CO. LTD. —…

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