Admission -- BDS Course - Fee refund - Petitioner who was admitted under the Sikh Minority Community quota left seat in respondent - institute on her getting a seat in the Government quota for which she had to pay much lesser fee compared to the fee deposited with respondents - No submission was made by respondent that replacement was not available against this seat but..........
Punjab Government National Emergency (Concessions) Rules, 1965, Rules 2 and 4, and -- Military service - Counting of service - Ad hoc appointment - Petitioner joined the military service on 14.2.1957 long prior to the proclaimation of national emergency on 26.10.1962 - He retired from service after putting his military service during the period of emergency - Thereafter..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Appeal - Direction for payment of compensation amount - Validity - Before condoning delay in preferring appeal and before admission of appeal against an order of conviction and sentence, Court directed payment of compensation amount - Held, statutory appeal is a substantive and vested right..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d) -- Petitioner convicted u/s 302, 307, 323 r/w Ss.148 and 149 IPC and sentenced for life imprisonment - Release on parole sought on ground of repair of house - Prayer rejected on the ground that petitioner already availed 6 weeks agricultural parole - 6 months expired since he returned from..........
Motor Vehicles Act, 1988, Section 169, Civil Procedure Code, 1908, Order 11, Rule 14 -- Accident - Claim petition - Production of documents - A party to a claim petition has a right to approach Tribunal U.O.11.R.14 CPC seeking a direction to the other party for producing necessary documents for deciding the controversial issues...........
Evidence Act, 1872, Section 3, Indian Penal Code, 1860, Section 300 -- Ocular and medical evidence - According to ocular testimony at the time of firing the shot, the accused and the deceased were not standing on the same level - According to medical evidence shot had hit the head of the humerus that got punctured and the signs of the wound were by doctor towards inside..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 177, 178 -- Offence u/s 498-A IPC is not a continuing offence for determining the territorial jurisdiction of Court - No part of offence is alleged to have been committed at the place where wife came back to live with parents - Court at the place where parents of wife live has no jurisdiction -..........
Criminal Procedure Code, 1973, Section 482, 398 -- Private complaint - Complaint dismissed - Revisional Court remanded the case for `reviewing the same afresh' - High Court verified that direction issued by Revisional Court was a direction for a further enquiry - Trial Court recorded further evidence in the matter and summoned accused - Held, the nature of inquiry as..........
Criminal Procedure Code, 1973, Section 202(1), Indian Penal Code, 1860, Section 498A, 307, 406 -- Summoning order issued in a private complaint without complying provisions of S.210 of the CrPC - FIR lodged on the same facts and investigation pending - Held, it was incumbent upon the Magistrate to stay the proceedings in the complaint case and to await or call for the..........
Punjab Co-operative Societies Act, 1961, Section 15(B)(1)(i) -- Election of managing Committee of Co-operative Agricultural Service Society Ltd. - Election programme stayed by Deputy Registrar, Co-operative Societies, but subsequently stay vacated - Certain members inducted and enrolled after issuance of stay of election programme - Writ petition, raising challenge against..........
