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Electricity Law — Regulatory Power — Balancing contractual obligations and public interest —directions for restoration of PBG, extension of timelines, and tariff renegotiation must be within the four corners of the contract. Arbitration and Conciliation Act, 1996 — Sections 47 and 49 — Enforcement of Foreign Award — High Court found no grounds to refuse recognition of the award and held it enforceable, subject to RBI approval — Supreme Court agreed with this conclusion and directed execution proceedings to proceed. Goa Children’s Act, 2003 — Section 8(2) and Section 2(m) — Child Abuse — Conviction unsustainable — Accused allegedly casually hit injured child with own son’s school bag — No evidence of deliberate maltreatment, cruelty, exploitation or ill-treatment intended to cause harm — Act exceeded mere incidental quarrel — Medical examination could not rule out possibility of injury from fall — High Court also reduced sentence substantially — Held, conviction for child abuse not made out. Penal Code, 1860 — Sections 302, 376(2)(g), 201 – Conviction and sentence for rape and murder – Appeal against – Circumstantial evidence – Prosecution failed to establish complete chain of incriminating circumstances beyond reasonable doubt – Testimony of prosecution witnesses contained contradictions and improbabilities – Suspicious conduct of accused attributed as improvement – Reliance on DNA reports found unjustified due to failure to establish sanctity and chain of custody of samples – Supplementary DNA report inadmissible as expert was not recalled and report not put to accused. Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 — Section 11(2) — Priority of payment of dues — Employees’ Provident Fund Organisation (EPFO) has a first charge on the assets of an establishment for its dues.

Investigation—Police Diaries–Gists of the interrogation recorded by an investigating officer in his diary cannot be regarded as statements under Section 161(3) Cr. P.C. and assuced is not entitled to any copy of such ‘gists’. Investigation—Statements under Section 161 need to be separated from observations which are recorded under Section 172 in order to make available the statement under Section 161(3) to the accused.

2007(1) LAW HERALD (SC) 765 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 201 of…

Essential Commodities—Act of 1981 did not preclude the authorities from applying the provisions of the MCOCA for offence under Section 3 & 7 of the 1955 Act as well as the 1981 Act. Organized Crime—Sanction of—Investigation—Stringent provisions—Concerned authorities would have to be bound down to the strict observance of the provisions.

2007(1) LAW HERALD (SC) 746 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. AR. Lakshmanan The Hon’ble Mr. Justice Altamas Kabir Special Leave Petition (criminal) Nos.…

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