Hindu Marriage Act, 1955, Section 27 -- Return of dowry articles - Dowry articles already recovered through police in a case u/ss 406, 498-A & 506 IPC - Section 27 is attracted when property presented at or about the time of marriage belong jointly to both the spouses - Jewellery articles come within the scope of Section 27 - No evidence that jewellery articles were..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Provision of S.42(2) of the Act is mandatory - Police officer who takes down any information has to reduce in writing and forward the same to the superior officer - This is mandatory provision - Non compliance of this provision will vitiate the trial - Delay in reducing the information in writing and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2) -- Police officer who takes down any information has to reduce in writing and forward the same to the superior officer - This is mandatory provision - Non compliance of this provision will vitiate the trial - No information was taken down in writing by the police officer - However, there was oral evidence..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Purchase of 62 bags of super-snowcem for the external finish of the hostel building by petitioner a Builder - The petitioner was entrusted with the work of construction of a single seater Hostel of 500 rooms at a cost of Rs.2.5 crores and cannot be termed to be self-employed person working..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction on ground of bona fide necessity - Failure to plead ingredients of sub-section (b) and (c) in the eviction petition - Held, if parties were fully aware about ingredients of Sub-sec.(b) and (c) at time of leading evidence and both the parties have led evidence on these issues, then petition cannot be..........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement of a person who after making the statement does not die cannot be treated as a dying declaration - However, it may be treated as a statement under Section 164 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of summons of accused,..........
Indian Penal Code, 1860, Section 302, 326 -- Death of Managing Director of hotel when an employee attacked deceased with sickle and caused several injuries on his body - Accused convicted and sentenced u/s 302 IPC - Sentence converted to Section 326 IPC on the following grounds : (a) post mortem report of deceased shows that injuries caused by accused were not the cause of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Contents of FIR and the statements of witnesses recorded under Section 161 of the Code discloses prima facie case against the petitioners - Dispute involves factual question which cannot be decided by this court - Dispute can be decided only after adducing evidence - Held, no ground made for quashing FIR when..........
Evidence Act, 1872, Section 11 -- Relevant fact - Minor omission in FIR does not affect probability of case - However, omission of important fats in FIR comes within purview of said section...........
