Punjab State Election Commission Act, 1994, Section 89(1)(d)(iv), Punjab Panchayat Election Rules, 1994, Rule 33 -- Election petition - Maintainability - Result of election has been affected because of no, compliance of provisions of the Act more particularly S.67 of the Act and R.33 of the Rules - Held, election petition is maintainable u/s.89(1)(d)(iv) of the Act...........
Constitution of India, 1950, Article 226 -- Juvenile Justice (Care and Protection of Children) Act, 2000, S.2(i) (as amended by S.4 of Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, Ss.7A, 19, - Habeas corpus - Detenue was 17 years 5 months 26 days old at time of commission of offence - He already spent more than 11 years in jail - He was a..........
Punjab State Election Commission Act, 1994, Section 76, 80 -- Election petition - Presentation of - Non compliance of S.76 - Effect - Neither election petition has been signed and attested on all pages nor copies supplied to appellant were signed and attested by election petitioner - Held, election petition filed by respondent No.1 is not in conformity with mandatory..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Validity - Court below has passed order summoning applicants to face trial - Conclusion arrived on the basis of evidence recorded before Court as Court witness "S" whose presence was also corroborated by statements of PW1 and PW2 - "S" was summoned as Court witness u/s 311 CrPC by Court below..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Third application - Applicants have been raising same question again and again so as to stifle legitimate prosecution which ex facie discloses commission of a cognizable offence - Instant application contains all the averments which were made in earlier application u/s 482 CrPC - Held, present case..........
Consumer Protection Act, 1986, Section 23, Constitution of India, 1950, Article 226 -- Writ petition under Art.226 COI is not maintainable against order passed by National Commission - Once legislature has provided for statutory appeal to higher Court, it cannot be proper exercise of jurisdiction to permit parties to bypass statutory appeal to higher Court...........
Punjab State Election Commission Act, 1994, Section 74, 87, 88, 100 -- Sarpanch - De-notification of - Validity - Respondent No.6 elected as Sarpanch - Inter se dispute between `B' and `J' - In election petition neither election of respondent No.6 was challenged nor any prayer was made for setting aside his election - Election Tribunal while deciding above mentioned inter..........
Criminal Procedure Code, 1973, Section 482, 200, 138, 420, 120B - - Cheating - Dishonour of cheque - Quashing of summoning order - From bare reading of complaint, all essential ingredients of criminal conspiracy and cheating are complete and prima facie commission of offence punishable u/s 420 r/w S.120-B IPC is made out against petitioner - Fact that complainant has..........
Civil Procedure Code, 1908, Order 26, Rule 14, Constitution of India, 1950, Article 227 -- Suit for partition - Final decree proceedings in suit - Objections raised by petitioner against report of advocate Commissioner turned down - Petition u/Art. 227 filed challenging order - Held, once a final decree is passed, any party aggrieved can challenge that decree by way of an..........
Punjab State Election Commission Act, 1994, Section 76, 80 -- Election petition - Presentation of - Held, election petition has to be duly presented in terms of S.76(1) of the Act which is mandatory in nature - Election petition deserves dismissal if it is not presented by candidate himself in violation of S.76(1) of the Act...........
