Punjab Package Deal Properties (Disposal) Act, 1976, Section 7(2) -- Eviction - Natural justice - Held, eviction order cannot be passed u/s.7(2) of the Act without giving an opportunity of being heard to occupier - In present case, since no show cause notice was ever issued and no opportunity of being heard was granted to petitioners before passing eviction order u/s.7(2)..........
Criminal Procedure Code, 1973, Section 397 -- Revisional jurisdiction - Revisional Court can call for and examine the records of inferior Court - Revisional jurisdiction can be invoked where the decisions under challenge are grossly erroneous, there is no compliance with the provisions of law, the finding recorded is based on no evidence, material evidence is ignored or..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning of - Exercise of power - Held, it is settled law that the exercise of power u/s 319 CrPC is to be on the basis of evidence led during course of trial - In present case, as Court below has drawn its satisfaction on the basis of evidence led during course of trial, order passed by Court below cannot..........
Indian Penal Code, 1860, Section 302, 34, 447, 504, Criminal Procedure Code, 1973, Section 216 -- Murder - Acquittal by trial Court - Want of framing of charges - Reversed by high Court - Legality of - Sufficient evidence on record against accused persons - Held, trial Court committed grave error in acquitting accused persons - Trial Court should have altered/added..........
Indian Penal Code, 1860, Section 304A, Evidence Act, 1872, Section 9 -- Accident case - Court Identification - Instead of test identification parade - Propriety - Not a case where accused is shown to witnesses prior to his being identified in Court - Held, Court identification itself is good identification in the eyes of law - It is not always necessary that it must be..........
Criminal Procedure Code, 1973, Section 313 -- Scope - Dual purpose - Firstly, entire material parts of incriminating evidence should be put to accused in accordance with law - Secondly, to provide opportunity to accused to explain his conduct or his version of case - Mandatory duty of Court to provide this opportunity - If accused deliberately fails to avail this..........
Civil Procedure Code, 1908, Order 23 -- Compromise - If compromise is not genuine or not valid being opposed to law, Court is required to dispose of issue regarding compromise at the first stage without adjourning case - However, if Court finds that compromise is genuine, it is bound to pass order in terms of compromise - It will be impermissible for Court to examine..........
Indian Penal Code, 1860, Section 304-B, Dowry Prohibition Act, 1961, Section 2, 4 -- Dowry death - Husband demanded specific sum from his father-i, law - When not given, harassed and tortured his wife - Wife died after some days - Case would clearly fall within definition of "dowry" under the Act of 1961 and S.304-B IPC...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Bail - Complainant had taken his injured brother to hospital and after ensuring his treatment he lodged FIR - No existing enmity between parties which may appear plausible - Plea of juvenility on behalf of applicant "B" is taken for first time before High Court and this fact may only be disposed of..........
Service -- Respondent appointed lecturer - Not allowed to discharge his duties as Governing Body of College tried to accommodate appellant in his place - Respondent filed appeal against it - Appeal disposed of by Director by ex-parte order - Ex-parte order set aside - Writ petition thereagainst by respondent allowed by High Court - Appeal against - Held, matter not..........
