What constitutes an outrage to female modesty is nowhere defined in IPC. The essence of a woman’s modesty is her SEX. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive. Modesty in this Section is an attribute… Read More What constitutes an outrage to female modesty
Section 6 of the General Clauses Act is to be applied having regard to the definition of. “Central Act”, “enactment”, “regulation” and “rule” as defined in Section 3(7), 3(19), 3(50) and 3(51), respectively, of the said Act. Giving a meaning to a term different from the definition is not permissible. When reference is made to a term defined in the statute, the term has to be understood to bear the meaning defined in the statute.
In Kolhapur Canesugar Works Ltd. and Another Vs. Union of India and Others, , the apex court had held (page 819) :
“32. The decision of the Constitution Bench is directly on the question of applicability of Section 6 of the General Clauses Act in a case where a rule is deleted or omitted by a notification and the question was answered in the negative. The Constitution Bench said that ‘Section 6 only applies to repeals and not to omissions, and applies when the repeal is of a Central Act or regulation and not of a rule’, (page 656 of the Supreme Court Report).
… Read More MEANING OF “CENTRAL ACT”
REF : Electricity Act Under Section 62 of the Electricity Act, the Commission has power to fixe the tariff rate. The word ‘tariff’ has not been defined in the Act. Tariff means a schedule of 55 standard/prices or charges provided to the category or categories for procurement by licensee from generating company, wholesale or bulk or… Read More Tariff
No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such… Read More Res Judicata
SECTION 09: COURTS TO TRY ALL CIVIL SUITS UNLESS BARRED The Courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. Explanation: I: As suit in which the right to property or to an office… Read More Civil Suit under CPC
Decree” means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a… Read More Decree under CPC
public officer” means a person falling under any of the following descriptions, namely:– (a) every Judge; (b) every member of an All India Service]; (c) every commissioned or gazetted officer in the military, naval or air forces of the Union] while serving under the Government; (d) every officer of a Court of Justice whose duty it… Read More Public Officer under CPC