Punjab Co-operative Societies Act, 1961, Section 82, Constitution of India, 1950, Article 226 -- Alternative remedy - Voter list - Quashing of - Voters lists illegally and arbitrarily prepared by managing committee of society after wrongfully deleting/adding members of society in exercise of its power to induct and remove any member of society as per its bye-laws - Held,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 468, 471, 120B -- Cheating - Forgery - Quashing of proceedings - Petitioners/accused persons were members of society and were expelled from that society - Petitioners alleged to have conspired and prepared forged documents to cause harm to respondent No.2 who was chairman of that society -..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13(1)(c) -- Change of user - Nuisance - Defendant/tenant running creche in residential house - About 18-20 children attending creche - Held, house was being put to commercial use and nuisance was caused to Plaintiff/landlady and other residents of Society - Tenant liable to be ejected...........
Indian Penal Code, 1860, Section 376, 306, Evidence Act, 1872, Section 32 -- Rape & abetment of suicide - Acquittal - Validity - Text of dying declaration does not suggest that rape had been committed forcibly or without consent of victim - Accused was nearly at least 5 years younger and he was not in a position to apply any force - Suicide was committed not because of..........
Prevention of Cruelty to Animals Act, 1960, Section 29(1)(3) -- Custody of animals - Illegal transportation of cattle - Seizure of cattle - Petitioner is member of Managing Committee of Society for Prevention of Cruelty to Animals constituted by District Collector, Chennai and is interested in safety of animals in question - Held, petitioner is competent person to take..........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Loss of consortium - `Consortium' is the right of the spouse to the company, care, help, comfort, guidance, society, solace, affection and sexual relations with his or her mate - Courts to award at least rupees one lakh for loss of consortium...........
Constitution of India, 1950, Article 72, 161 -- Power of clemency - Exercise of - Held, power vested in President u/Art.72 and Governor u/Art.161 of the Constitution is manifestation of prerogative of State - It is neither a matter of grace nor a matter of privilege, but is an important constitutional responsibility to be discharged by highest executive keeping in view..........
Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(a), 2(i),2 (j), 2(o), 3(1), 7 -- Detention order - Validity - Detenu convicted in two cases and accused in six other cases under NDPS Act - Materials placed on record clearly show that he comes under definition of know, goonda u/s.2(o) of KAAPA Act- Pendency of proceedings u/s.107 Cr.P.C. has been specifically..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(3), 11 -- Shamilat deh - Mere fact that land may have been entrusted to Forest Department, by a body of private individuals or members of patti, is not sufficient to exclude land from `Shamilat Deh' or to hold that petitioner or society are owners of the land, in dispute...........
Marriage -- Certificate by `Arya Vedic Marriage Mandal' a registered society - Respondent admitted in his statement that neither his own nor that of the girl's parents were present at the time of said marriage nor any rituals were performed - The manner in which the Certificate is issued suggest that the Society is indulging in mal-practice of issuing fake Marriage..........