Read, Subscribe & Cite Supreme Laws Today (SLT) Daily VIII - TopicsExpress



          

Read, Subscribe & Cite Supreme Laws Today (SLT) Daily VIII (2013) SLT 203 RIGHT TO INFORMATION ACT, 2005 — Sections 12(5), 12(6), 15(5), 15(6), 18, 19, 20 — Appointment of Central Information Commissioners and State Information Commissioners — Sections 12(6) and 15(6) of Act do not debar a Member of Parliament or Member of Legislature of any State or Union Territory or a person holding any other office of profit or connected with any political party or carrying on any business for appointment as Chief Information Commissioner or Information Commissioner — But after such person is appointed as Chief Information Commissioner or Information Commissioner he has to discontinue as Member of Parliament or Member of Legislature of any State or Union Territory, or discontinue to hold any other office of profit or remain connected with any political party or carry on any business or pursue any profession during the period he functions as Chief Information Commissioner or Information Commissioner. VIII (2013) SLT 194 COMMON OBJECT — Alteration in Conviction — If a person is a mere bystander and no specific role is attributed to him, he may not come under the wide sweep of Section 149, IPC. VIII (2013) SLT 182 TRANSFER OF PROPERTY — Agricultural Income Tax — Liabilities of Mortgagee — Levy of income tax on agricultural income would be based on whatever mortgagor derived from produce of lands owned by him including mortgaged lands — Such tax liability is not qua land mortgaged but qua owner of land who was benefited by produce of such lands which alone falls within definition of Agricultural Income. VIII (2013) SLT 178 RAPE — “Consent” — Consent for the purpose of Section 375, IPC, requires voluntary participation not only after exercise of intelligence based on knowledge of the significance and moral quality of act but after having fully exercised choice between resistance and assent. VIII (2013) SLT 170 LAND ACQUISITION — Limitation — Section 11-A of Land Acquisition Act in terms does not provide for exclusion of time taken to obtain a certified copy of judgment or order by which stay order was either granted or vacated — Section 12 of Limitation Act has no application to making of award under Land Acquisition Act. VIII (2013) SLT 133 POWER OF ATTORNEY HOLDER — Agent of grantor — When grantor authorises attorney holder to initiate legal proceedings and the attorney holder accordingly initiates such legal proceedings, he does so as agent of the grantor and initiation is by grantor represented by his attorney holder and not by attorney holder in his personal capacity.
Posted on: Mon, 28 Oct 2013 12:17:22 +0000

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