East Punjab Urban Rent Restriction Act, 1949, Section 15(4) -- Eviction order - Appeal against by some of the legal representatives/legal heirs while others not impleaded as respondents - Held, appeal or revision at the instance of some of the legal heirs is maintainable...........
Criminal Procedure Code, 1973, Section 439, Official Secrets Act, 1923, Section 3(2) -- Accused arrested under Official Secrets Act and granted bail - Appeal in Supreme Court against grant of bail on the ground that crime was of grave nature and national security was jeopardized - Held, accused already on bail for 10 months, but no allegations of misuse of bail - Accused..........
Criminal Procedure Code, 1973, Section 378 -- No restrictions have been imposed by the legislature on the powers of the appellate court in dealing with appeals against acquittal - Both questions of fact and of law are open to determination by the High Court in an appeal against an order of acquittal - Double presumption in favour of accused in the case of acquittal...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Suspension of sentence during pendency of appeal - Dishonour of cheque - Accused convicted - Appeal against - Sentence suspended during pendency of appeal...........
Punjab Municipal Corporation Act, 1976, Section 93, 103 -- House tax - Rateable value of property - Proposed to be revised to Rs.2.70 lacs - Objections filed inter alia that guiding principles and the formula for purposed annual rateable value, have not been disclosed which is essential as per law on the issue - Joint Commissioner however enhanced the annual rateable value..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Final relief at the stage of admission stage - Cannot be granted in second appeal...........
Criminal procedure Code, 1973, Section 374 -- Conviction of number of accused - Some of them filed appeal - Acquitted - Law entitles even an accused who has not filed an appeal to an acquittal if other accused are acquitted...........
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2) -- Illegal gratification - Appeal against conviction - Accused person allegedly received Rs.100 as bribe to install electric pump on site - However, accused pleaded that he had received Rs.100 in lieu of clothes lost by complainant in his tailoring shop - No receipt or chit shown by appellant to prove that his wife..........
Medical negligence -- Compensation - Failure to record even a provisional diagnosis of deceased patient's ailment before prescribing treatment - Secondly the contradiction between his denial (at the stage of complaint) of having at all treated patient during relevant period and subsequent volte face in the appeal accepting that he did treat patient on one date do not..........
Departmental proceedings -- Termination - Appellate order - Bias - The Appellate Authority decided to reject the appeal even without considering the facts and pleas raised by the petitioner in the memo of appeal with a pre - determined biased mind on the recommendation of the Disciplinary Authority - Independent mind not applied by the Appellate Authority - The entire..........
