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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)

It is necessary for Courts dealing with application for bail to consider nature of accusation and severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering of witness or apprehension of threat to complainant, prima facie satisfaction of Court in support of charge – Any order de hors such reasons suffers from non-application of mind – High Court was not justified in granting bail to Respondent No. 2 – Order granting bail set aside.

  AIR 2009 SC 94 : (2008) 11 JT 372 : (2008) 13 SCALE 460 SUPREME COURT OF INDIA LOKESH SINGH — Appellant Vs. STATE OF U.P. AND ANOTHER —…

Prosecution proved by cogent evidence adduced – Appellants by series of act and conduct created a difficult and hostile environment for deceased that she was compelled to commit suicide – There is direct and reasonable nexus with commission of suicide by deceased with acts of cruelty to which deceased was subjected to by appellant – High Court rightly upheld conviction of appellants under Section 306 and Section 498A IPC.

  AIR 2006 SC 2002 : (2006) CriLJ 2881 : (2006) 1 DMC 853 : (2006) 11 JT 260 : (2006) 5 SCALE 172 : (2006) 9 SCC 794 :…

Penal Code, 1860 (IPC) – Sections 302/34 – Murder – Circumstantial evidence – Prosecution is to prove all links in the chain by leading evidence – Prosecution case that another person involved in the case, whose name never figured during investigation, was not arrested – Evidence of “last seen” with deceased not trustworthy for the reason that a businessman would not ordinarily go to a small shop to take tea with a rickshaw puller

  AIR 2006 SC 2242 : (2006) CriLJ 2920 : (2006) 11 JT 298 : (2006) 5 SCALE 467 : (2006) 10 SCC 182 : (2006) 2 SCR 881 Supp…

Penal Code, 1860 (IPC) – Sections 147, 148, 341, 447, 302 read with 109, 149 – Murder – Deceased a coparcener had a dispute over ownership of land with appellant – Witnesses accompanying appellants made categorical statement that they had gone to scene of offence with a view to prevent appellants from causing obstructions to ploughing of land by deceased

  AIR 2006 SC 2419 : (2006) CriLJ 2931 : (2006) 5 JT 419 : (2006) 5 SCALE 331 : (2006) 10 SCC 157 : (2006) 1 SCR 947 Supp…

Criminal Procedure Code, 1973 (CrPC) – Section 482 – Penal Code, 1860 (IPC) – Section 306 – Quashing of proceedings – Offence of abetment of suicide – Suicidal note clearly referring to acts of accused and role played by them – It clearly refers to background in which victim took extreme step of taking away his life by committing suicide – High Court rightly refused to quash proceedings.

  AIR 2008 SC 527 : (2008) 106 CLT 313 : (2008) CriLJ 724 : (2007) 13 JT 166 : (2007) 3 SCALE 535 : (2008) 2 SCC 403 :…

Penal Code, 1860 (IPC) – Section 376(2)(e) – Rape with married woman – ‘Possibility’ or ‘certainty’ – It must be established by evidence that accused had knowledge that victim was pregnant – In the absence of any material brought on record to show that accused knew the victim to be pregnant, Section 376(2)(e) IPC cannot be pressed into service – To that extent judgments of Courts below unsustainable – Minimum sentence prescribed under Section 376(1) IPC is applicable.

  AIR 2006 SC 2214 : (2006) CriLJ 2913 : (2006) 5 JT 460 : (2006) 5 SCALE 614 : (2006) 9 SCC 787 : (2006) 2 SCR 318 Supp…

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