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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)
Property Matters

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.

May 10, 2026 sclaw
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.
Property Matters
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.
I P C
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.
Service
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
Electricity Act
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
Cheque Dishonour

Dishonour of cheque—Territorial jurisdiction of Court to entertain complaint—Issue of statutory notice cannot constitute a valid ground for conferring jurisdiction upon Court concerned to take cognizance of offence under Section 138—Issue of statutory notice demanding payment of cheque amount is not sufficient to vest Delhi Courts with jurisdiction to entertain complaint

May 14, 2017 sclaw

  (2014) 3 BC 695 : (2014) 9 SCALE 134 : (2014) 8 SCC 878 : (2014) 3 BC 695 : (2014) 3 CCR 547 : (2014) 4 RCR(Civil) 243…

Land Acquisition

Requisitioning and Acquisition of Immovable Property Act, 1952 – Section 8(1)(a) – Sale of properties – Properties acquired under 1952 Act alongwith other properties – Concurrent finding recorded by Single Bench and Division Bench upholding validity of notification – Under the 1952 Act, fair market value had to be determined on the date of acquisition

May 14, 2017 sclaw

  AIR 2007 SC 357 : (2006) 3 ARBLR 414 : (2006) 8 JT 434 : (2006) 8 SCALE 768 : (2006) 10 SCC 227 : (2006) 5 SCR 696…

Will & Succession

Deceased executed will in favour of wife in respect of all his properties – She became owner of properties and after her death, her nephews would be owner of properties in equal shares – First appellate Court hold that wife was not competent to gift properties in favour of Gurdwara – After her death life estate ceased and plaintiffs would be entitled to recover possession and not entitled to mesne profits – Suit filed by plaintiffs decreed for recovery of possession.

May 14, 2017 sclaw

  AIR 2006 SC 3282 : (2006) 4 CTC 773 : (2006) 8 JT 525 : (2006) 9 SCALE 83 : (2006) 8 SCC 75 : (2006) 5 SCR 799…

I P C

Delay in lodging of FIR was bound to occur as the FIR was filed after return of prosecutrix from Jaipur after one and a half years remaining under the ordain of accused/appellant – She had been forced to indulge in prostitution during this period – Prosecutrix had become habitual to sexual intercourse – In such a fact-situation, question of having any physical injury marks would not arise – Offences punishable under Section 366 and 376 proved beyond reasonable doubt – Appeal dismissed.

May 14, 2017 sclaw

  AIR 2009 SC 2729 : (2009) CriLJ 3942 : (2009) 7 JT 491 : (2009) 8 SCALE 801 : (2009) 15 SCC 543 : (2009) AIRSCW 4182 SUPREME COURT…

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Property Matters

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.

May 10, 2026 sclaw
I P C

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.

May 10, 2026 sclaw
Service

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.

May 10, 2026 sclaw
Electricity Act

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

May 8, 2026 sclaw