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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.

Charges— Framing of—Any error, omission or irregularity in the framing of charges including any mis joinder of charges shall not result in invalidating the conviction or order of a competent Court unless the appellate or revisional Court comes to the conclusion that a failure of justice has in fact been occasioned thereby

2007(1) LAW HERALD (SC) 377 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. 69 of…

Mortgage Sale—Mortgaged property could not be sold in execution without an attachment. Mortgage Sale—It is not possible to come to the conclusion that the suit to enforce the equitable mortgage is hit by Order 2 Rule 2 of the Code in view of the earlier suit for recovery of the mid term loan, especially in the context of Order 34 Rule 14 of the Code.

2007(1) LAW HERALD (SC) 353 IN THE Supreme Court of India Before The Hon’ble Mr. Justice H.K. Sema The Hon’ble Mr. Justice P.K. Balasubramaniyan Appeal (civil) 175 of 2007 (Arising…

Appeal from conviction–The powers conferred by Section 386(b)(i) Cr.P.C. cannot be exercised for the purpose of reversing an order of acquittal passed in favour of a party in respect of an offence charged, in dealing with an appeal preferred by him against the order of conviction in respect of another offence charged and found proved.

2007(1) LAW HERALD (SC) 346 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.P. Mathur The Hon’ble Mr. Justice R.V. Raveendaran Criminal Appeal No. 1613 of 2005…

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