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SUPREME COURT OF INDIA

Year of decision: 2005
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii), East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13(3)(a)(ii), East Punjab Urban Rent Restriction (Chandigarh Amendment) Act, 1982, Section 3 -- Shop-cum-flat (SCF) is a non residential building - Ground floor whereof is used as a shop and first floor is used for residential..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(ii), East Punjab Urban Rent Restriction (Extension to Chandigarh) Act, 1974, Section 13(3)(a)(ii), East Punjab Urban Rent Restriction (Chandigarh Amendment) Act, 1982, Section 3 -- Non residential building - In Chandigarh a landlord can evict a tenant from non residential building on ground of personal..........

ORISSA HIGH COURT

Year of decision: 2005
Details

Evidence Act, 1872, Section 24, Railways Property (Unlawful Possession) Act, 1966, Section 3(a) -- Theft of railway property - Confession - Confessional statement did not contain date, time, place and name or signature of witnesses present at the time of recording of such statements - Even though pond from which recovery was made adjacent to a petrol pump open for 24 hours..........

ANDHRA PRADESH HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 13, Rule 3 -- Rejection of document - Court may at any stage of suit reject any document which it considers irrelevant or otherwise inadmissible, recording the grounds of such rejection...........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3, 4, Indian Penal Code, 1860, Section 398, 307, 34, Arms Act, 1959, Section 3, 25 -- Attack on police station by a large group of naxalities - Sentence of life imprisonment - Leniency - Keeping in view gravity of offence and fact that such a large group of persons attacked police station such activities..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3, 4, 15 -- Confessional statement - Attack on police station by a large group of naxalities for committing dacoity of arms and ammunition and to kill policemen - Conviction on basis of confessional statement of A1, one of accused - No violation of rules in recording confession - Confession is required to..........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Land Acquisition Act, 1894, Section 3(f)(iv), 5A, 6, Constitution of India, 1950, Article 226, 227 -- Public purpose - Judicial Review - Declaration made under Section 6 need not contain any reason - Section 6(3) renders a declaration to be conclusive in respect of both the need and the public purpose - Declaration must precede decision by the State on objections and..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2005
Details

Civil Procedure Code, 1908, Order 37, Rule 3 -- Leave to defend - Loan given through a loan agreement and a promissory note - Loan amount given by way of cheque - Petitioner to furnish security instead of bank guarantee...........

ALLAHABAD HIGH COURT

Year of decision: 2005
Details

Arbitration Act, 1940, Section 41, Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Arbitration proceedings - Provision of O.22 do not apply to arbitration proceedings - Arbitration proceedings do not abate on death of a party...........

BOMBAY HIGH COURT

Year of decision: 2005
Details

Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 3 -- Rape - Medical evidence - Prosecutrix stated that she was forcibly dragged and raped - No evidence to suggest marks of assault or that she cried for help - No injuries on her private parts - Opinion of doctor that no sexual intercourse committed - Conviction set aside...........

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