Indian Penal Code, 1860, Section 302, 149 -- Murder - Prior enmity between parties due to election of Sarpanch - Incident occurred during winter evening - 17 accused allegedly assaulted complainant party - Identification of 17 accused persons would be extremely difficult, as it was dark - Only independent witness turned hostile and two eye witnesses not examined by..........
Constitution of India, 1950, Article 226, Bar Associations (Constitution and Registrations) Rules, 2015, Rule 11 -- Election - Rejection of nomination of petitioner by Returning Officer - In the instant case, delay regarding scrutiny of nomination of petitioner is malafide as petitioner can be granted time to remove defect by certifying correction on over-writing which is..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Quashing of FIR - Cheating - Wrong facts mentioned in nomination paper for election does not constitute offence of cheating - Remedy available to complainant is to challenge the election at appropriate forum rather than filing of FIR - Allegation made in FIR does not..........
Constitution of India, 1950, Article 136 -- Municipal election - Special leave petition - Maintainability - In the instant case, nomination paper and allotment of symbol was rejected - When there is existence of alternative remedy, petition under Art.136 of Constitution is not maintainable as jurisdiction under Art.136 of Constitution is purely discretionary - Petition..........
Representation of the Peoples Act, 1951, Section 160 -- Requisition of vehicle - For election purpose - Vehicle of candidate and his agent contesting election is exempted from being requisitioned but private vehicles can be requisitioned...........
Motor Vehicles Act, 1988, Section 2(33), 2(47), 66, Representation of the Peoples Act, 1951, Section 160 -- Requisition for private vehicle - For purpose of election - Private vehicles are exempted from obtaining permit under Motor Vehicle Act...........
Succession Act, 1925, Section 180 -- Doctrine of election - Defendant No.1 accepted Will by receiving certain items from plaintiff and passed acknowledgement receipt - Plea raised by defendant No.1 that acknowledgment is only a normal receipt and she has not confirmed authenticity of Will not tenable - Impugned order stating that it is only a receipt and defendant No.1 has..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Section 18(m) - - Election - Merely because candidate is elected does not mean that his election cannot be looked into or enquired later on by State Election Commission...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Election Petition - While drafting petition an error occurred in naming one of respondent due to supply of wrong name of Polling officer/Returning officer to petitioner under Right to Information Act - No change/amendment was sought in pleadings or in..........
Punjab State Election Commission Act, 1994, Section 80, 76(2) -- Election Petition - If there was no attestation of election petition in matter as required u/S.76(2) of Act, dismissal of election petition in terms of S.80 of Act would be inescapable...........
