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Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.

IPC S. 364A – Condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved

Environment law – Principles enunciated  –  Brick kiln. PLRonline 432610

Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Rent Act – Mesne profits –  After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Angoori Devi v. Smt. Satya Bhama, 2016 PLRonline 0104

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Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

National Institute of Mental Health & Neuro Sciences v. C. Parameshwara, 2014 PLRonline 0202

CPC S. 151 – Cannot be exercised so as to nullify the provisions of the Code

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Natural justice – no one can complain of not being given an opportunity to make representations if such an opportunity would have availed him nothing.

Kidnapping - No ratio has been laid down in paragraph 92 that when an eight year old child (or a child of a tender age) is kidnapped/abducted for ransom there is inherent threat to cause death

IPC, 364A - Essential ingredients

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IPC S. 364A – Condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved

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Indian Penal Code, 1860, Section 364A  – Section 364A uses the word “or” nine times and the whole section contains only one conjunction “and”, which joins the first and second condition – Thus, for covering an offence under Section 364A, apart from fulfillment of first condition, the second condition, i.e., “and threatens to cause death or hurt to such person” also needs to be proved in case the case is not covered by subsequent clauses joined by “or” – Applying the principle of interpretation on condition Nos. 1 & 2 of Section 364A which is added with conjunction “and”, we are of the view that condition No.2 has also to be fulfilled before ingredients of Section 364A are found to be established. Section 364A also indicates that in case the condition “and threatens to cause death or hurt to such person” is not proved, there are other classes which begins with word “or”, those conditions, if proved, the offence will be established. The second condition, thus, as noted above is divided in two parts- (a) and threatens to cause death or hurt to such person or (b) by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt.

2021 SCeJ 934

Tags: 21.JUL.1Difference "and" "or"IPC S. 364AIPC s. 364A - Ingredients ofIPC S. 364A - Kidnapping with ransom

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