Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7.5 kg poppy husk - Case property produced in Court but person who brought the case property from malkhana to Court not examined - Entry in malkhana register to effect that who has taken the property to Court, is necessary as per Punjab Police Rules, 1934 as applicable to State of H.P - It..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction u/s 138 of the Act - Matter settled and liability discharged - Moreover, accused deposited 15% of cheque amount with Punjab State Legal Services Authority - Amount of Rs.25,000/- which is already deposited by accused with registry in compliance of order shall..........
Civil Procedure Code, 1908, Order 1, Rule 10, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Impleadment of party - Plea of applicant that property was rented out to two brothers whereas eviction petition is filed against only one - Application to seek impleadment filed two years after ejectment petition was filed and at a stage where landlord had..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Bonafide requirement - Leave to defend - Indian citizenship - Proof of - Any person who is willing to come back to India and who was born or whose parents were in manner defined, will continue to be NRI notwithstanding any assumption of citizenship of foreign country - However,..........
Punjab Registration of Money Lenders Act, 1938, Section 3 -- Applicability of Act - Recovery suit - Where plaintiff is not a "money lender", and the amount advanced does not qualify as a "loan", Act has no applicability to the suit...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 330 gms charas - Nothing on record that Rr.22.70, 27.18 of Punjab Police Rules (as applicable to State of H.P) were followed while producing case property in Court and on returning the same - These Rules framed to ensure that case property from its initial stage of seizure till production in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Punjab Police Rules, 1934, Rule 22.18 -- Search and seizure - Recovery of 350 grams of charas - Production of case property in Court - Entry in register - Non following rules - Accused acquitted - Rules have been framed to ensure that case property from its initial stage of seizure till production in Court..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction - Landlord required the premises to run a hotel to settle his son - There is a presumption that landlord has bonafide need of the premises in question - It is for the tenant to rebut the same but tenant failed to do so - Merely by saying that landlord is selling one portion, it cannot be invariably held..........
Punjab Municipal Act, 1911, Section 323(4) -- Death caused by stray animal - Wife of deceased files writ petition seeking compensation - Admittedly, death caused by stray animal, as many as 16 injuries caused - Claim of petitioner earlier rejected by deputy commissioner claiming no provision/ policy to grant compensation in such accidental cases - Held, death triggered by..........
Stamp Act, 1899, Section 35, Article 5(c) -- Stamp duty - Agreement to sell - Executed on deficient stamp paper - Agreement is admissible in evidence on payment of penalty equivalent to 10 times of deficient portion of stamp duty plus deficiency of stamp duty - In the instant case agreement was executed on stamp paper of Rs.300/- whereas as per Art.5(c) of Sch.1 of Stamp..........
