East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Triable issue - Rent Controller to consider (i) a NRI-landlord even if only a co-owner/joint owner in the demises premises, can seek eviction of his tenant under Section 13-B of the Act; (ii) ordinarily, the fate of an eviction petition filed earlier under Section 13 of the Act,..........
Criminal Procedure Code, 1973, Section 218, 223 -- Joint trial - Cases registered for the offences indictable u/s 120-B r/w Ss.420, 467, 468, 471 of IPC and Section 13 of Prevention of Corruption Act - Second FIR registered on same set of facts - Trials relating to both the cases pending in the same court - Material on record do not suggest that offences as alleged have..........
Industrial Disputes Act, 1947, Section 33(2)(b) -- Punishment - Compulsory retirement - The order of compulsory retirement passed against the petitioner after holding domestic enquiry - The order passed stigmatic in nature - The order can be treated as an order of dismissal for the purposes of proviso to Section 33(2)(b) - It was obligatory for the respondent to have..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 10 bags of poppy husk each containing 35 kgs poppy husk - Accused found sitting on the bags in fields - Accused acquitted - Held, prosecution case suffers from following infirmities : (a) Informer of secret information not examined; (b) No corroborative evidence that accused indeed collected..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 36A -- Trial under NDPS Act - Designated court gets jurisdiction to decide a case only if the punishment prescribed is more than 3 years - If the punishment prescribed is upto 6 months, trial has to be by a Magistrate under the CrPC - Accused tried for recovery of ganja - Recovery was of cannabis..........
Minimum Wages Act, 1948, Section 5 -- Minimum wages - Fixation of minimum rate of wages - Procedure - Personal hearing - Requirement of Section 5 of the Act is a publication of the proposal for information of the persons likely to be affected - In response to the said proposal, all representation received by it within the specified date in the Notification under Clause (b)..........
Evidence Act, 1872, Section 113B -- Presumption - Available only on proof the following essentials : (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 to cruelty or..........
Consumer Protection Act, 1986, Section 2(b) -- Consumer forum - Jurisdiction - A consumer forum will have jurisdiction only when : (i) the complainant is a `consumer' as defined in clause (d) or a person specified in clause (b) of section 2 of the Act; (ii) the respondent is a `trader' as defined in clause (q) or a provider of `service' as defined in clause (o) of section..........
Banking service -- FDR - Non payment of maturity amount on the plea the FDR in question is forged one - Another version put that the complainant has already availed of the facility of overdraft of Rs. 95,000/ - Clear from records that Bank has initiated criminal proceedings against the Manager and the Daftari for the loss of FDR book - Bank had initiated disciplinary..........
Insurance claim -- Repudiation - Non standard claim - Violation of terms and conditions of policy - Vehicle insured as private vehicle used as taxi when it was stolen - Order passed by the fora below directing the petitioner - Insurance Company to settle the claim on non standard basis to pay 75% of the admissible claim warrant no interference under Section 21(b) of the CP..........
