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Consumer Protection Act, 1986 — Section 25 — Enforcement of orders — Pre-2002 amendment and post-2019 Act, all orders could be enforced as decrees. The period between 15.03.2003 to 20.07.2020 saw an anomaly where only interim orders (and monetary recovery) were clearly enforceable under Section 25, leaving final non-monetary orders in a gap. Interpretation of Statutes — Casus omissus — Court can fill gaps in legislation using interpretative tools like purposive construction when literal interpretation leads to absurdity or defeats the object of the Act, especially for remedial legislation like the Consumer Act. Constitution of India, 1950 — Article 14, 39(d) and 43 — Equal pay for equal work — Contractual Assistant Professors performing identical duties as regularly appointed or ad-hoc Assistant Professors are entitled to the minimum pay scale of Assistant Professors. Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Chapter I-A — Slum Rehabilitation Schemes — Preferential right of landowner to redevelop — Section 3B(4)(e) and Section 13(1) confer a preferential right on the landowner to redevelop a Slum Rehabilitation Area (SR Area) — SRA can undertake redevelopment only if the landowner fails to come forward with a scheme within a reasonable time Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 — Sections 3C, 13, 14 — Waiver of preferential right — Waiver of landowner’s preferential right to redevelop requires clear and overt communication by the owner of intention not to exercise the right — Mere inaction or delay, particularly when the owner has consistently shown intent to redevelop, does not constitute waiver, especially if no invitation for redevelopment was issued. Criminal Procedure — Institution of FIR — Quashing of FIR — Abuse of process of law — High Court quashed FIR based only on Section 17A of the PC Act, 1988, without considering other grounds raised by the accused — Supreme Court finds this approach incomplete and remands the matter for reconsideration of all grounds, emphasizing that procedural lapses like failure to obtain prior approval, if applicable, can render an FIR void ab initio.

Income Tax Act, 1961 – Section 275(1), 275(1)(a) -Period of limitation – Whether on the facts and in the circumstances of the case the Income- Tax Appellate Tribunal failed to appreciate that the period of limitation in the instant case is governed by the provisions of Section 275(1) as the penalty was initiated in the assessment order itself and the penalty order was issued within time in accordance with the provisions of Section 275(1)(a) of the Income- Tax Act, 1961

  (2013) 217 TAXMAN 400 SUPREME COURT OF INDIA COMMISSIONER OF INCOME TAX — Appellant Vs. KEDIA POWER LTD. — Respondent ( Before : H.L. Dattu, J; Dipak Misra, J…

Examination of reports – The case arises of alleged ill-treatment of appellant by her husband and her father. The case is going on since 29th July, 1995. Appellant came up against the order passed by the Metropolitan Magistrate on 29th July, 1995 ordering to be admitted to Delhi Psychiatry center, 35, Defence Enclave, Vikas Marg, New Delhi, for observation and treatment

  (1997) 2 Crimes 62 : (1997) 5 JT 120 : (1997) 3 SCALE 761 : (1997) 5 SCC 346 : (1997) 1 UJ 736 SUPREME COURT OF INDIA ANAMIKA…

Service Matters

A junior officer belonging to Scheduled Castes or Scheduled Tribes, by operation of Article 16(1) read with Atricle 16(4) and 16(4A) would steal a march over his erstwhile seniors in the lower cadre and get promotion – The principle of reservation in promotions would be applicable where the Scheduled Castes and Scheduled Tribes are not adequately represented in promotional posts

  (1996) 3 AD 313 : (1996) 73 FLR 986 : (1996) 3 JT 439 : (1996) 3 SCALE 44 : (1996) 5 SCC 167 : (1996) 3 SCR 266…

Service Matters

Vacancies of drivers – The respondent was initially appointed as a daily-wager in Guntur Municipality. After completion of 5 years of service as NMR he was regularized. It is the claim of the respondent that during this period he was working as a driver and, therefore, after regularisation as a Class IV employee he should be assigned the duties and the pay scale of driver

  (1998) 8 SCC 380 : (1998) SCC(L&S) 1591 SUPREME COURT OF INDIA COMMISSIONER, GUNTUR MUNICIPALITY — Appellant Vs. B. CHRISTUDASU — Respondent ( Before : S. P. Kurdukar, J;…

Penal Code, 1860 – Section 376 read with Section 90 – Criminal Procedure Code, 1973 – Section 378 – Rape – Acquittal by High Court – Misconception of fact – If consent is given by prosecutrix under misconception of fact, it is vitiated – Accused had sexual intercourse with prosecutrix by giving false assurance to prosecutrix that he would marry her –

  AIR 2014 SC 384 : (2014) 1 CCR 28 : (2014) CriLJ 540 : (2014) 1 JCC 398 : (2014) 1 JT 315 : (2014) 1 RCR(Criminal) 173 :…

Accident—Proof of rashness and negligence on the part of the driver of the vehicle, is sine qua non for maintaining an application under Section 166 of the M.V. Act. Document—Admissibly of—Once a part of the contents of the document is admitted in evidence, the party bringing the same on record cannot be permitted to turn round and contend that the other contents contained in the rest part thereof had not been proved.

  2007(3) LAW HERALD (SC) 2513  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 2526 of…

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