Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of five bags each containing 40 Kgs of poppy husk from a jeep - Accused were traveling in jeep - All accused acquitted - Held, prosecution case suffers from following infirmities : (a) Search made before Tehsildar, but Tehsildar failed to identify accused in court; (b) Jeep damaged after hitting..........
Indian Penal Code, 1860, Section 304B, 300 -- Dowry death - Deceased died due to burn injuries - Presence of kerosene oil in Can - Consistent evidence that accused committed cruelty and torture upon deceased in connection with demand of dowry - No conclusive evidence that accused person committed murder of deceased - Death of deceased was within 7 years of marriage - Held,..........
Industrial Disputes Act, 1947, Section 2(oo)(b) -- Retrenchment - Retirement on attaining age of superannuation - Petitioner drawn his retiral benefits - Demand notice after more than two years of his retirement on the basis of a circular claiming extension in service after attaining age of 55 years which is age of retirement - Petitioner did not apply for extension..........
Industrial Disputes Act, 1947, Section 11A, 33(2)(b) -- Conditions of service - Punishment - During pendency of proceedings - Grant or refusal of approval under Section 33(2)(b) - Exercise of powers u/s 11 - A of the Act by the Labour Court - Labour Court ought not to have interfered with the punishment, for there was always right to challenge the termination order itself..........
Industrial Disputes Act, 1947, Section 17B, 33(2) -- Award - Last wages drawn - The reinstatement ordered u/s 33(2) (b) is not under any award, where the validity of the termination is required to be examined in a reference u/s 10 of the Act - Application of Section 17B, for the benefits under said Section would avail only in a case where a reinstatement is ordered in a..........
Indian Penal Code, 1860, Section 304B, 306 -- Dowry death - Death after three and half years of demand - Since the alleged demand being met is too remote and stale, does not meet the ingredients of Section 304-B of IPC as the same is not 'soon before her death' and so cannot be taken into consideration...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Two specific instances taken note of in order to ascribe a meaning to the word 'cruelty' is expressed in Explanation (a) involves three specific situations viz. (i) to drive the woman to commit suicide or (ii) to cause grave injury or (iii) danger to life, limb or health, both mental and physical, and thus involving a..........
Evidence Act, 1872, Section 113B -- To attract the provision of S.113-B Evidence Act the essentials to be proved are : (1) The question before the court must be whether the accused has committed the dowry death of a woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304-B IPC.); (2) The woman was subjected..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Rent Controller is required to ascertain that (i) the applicant is a Non-Resident Indian; (ii) he is owner of the subject premises; (iii) his ownership is more than 5 years old as on the date when he applies for eviction; (iv) the applicant-NRI-landlord has pleaded and explained that he needs the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Rent Controller to ascertain (i) whether or not such an application accompanying by an affidavit has been moved within 15 days from the date of effecting service upon the tenant as per the Schedule-II; (ii) whether or not the tenant has raised a triable issue duly supported with..........
