Factories Act, 1948, Section 2(k),2(m) -- U.P. Industrial Disputes Act, Sections 25-L.25-N - Manufacturing process - Industrial Establishment - The work of the respondents consisted of `cutting of trees by axe and changing the shape of the timber into logs by using hand driven saw - The process of cutting by axe and changing the shape by saw both squarely fall within the..........
Civil Procedure Code, 1908, Section 60(1)(c), Punjab Land Revenue Act, 1887, Section 67, Motor Vehicles Act, 1988, Section 174 -- Attachment of residential house in execution of award passed under Act of 1988 - Motor Accident Claims Tribunal awarded compensation - Execution of award - Objections filed contending that award cannot be executed in respect of only residential..........
Family Courts Act, 1984, Section 19, Limitation Act, 1963, Section 5 -- Delay of 62 days in preferring appeal against order u/s 19 of Family Courts Act - Section 5 Limitation Act is applicable - Delay condoned subject to payment of costs of Rs.10, 000/-...........
Indian Penal Code, 1860, Section 304, Part II -- Murder - Right of private defence - Parties, brothers - Land dispute - Deceased and appellant happen to be blood relations - Injury which proved to be fatal is 10 cm x 3 cm x 3 cm on left parietal bone which fractured the underlying bone and pierced the brain matter - Fatal injury was not inflicted with the intention to..........
Transfer of Property Act, 1882, Section 52 -- Transfer Pendente lite - Principle underlying - A litigating party is exempted from taking notice of title acquired during the pendency of litigation - Mere pendency of a suit does not prevent one of the parties from dealing with the property constituting the subject matter of the suit - The section only postulates a condition..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- The Representation of People Act, 1951, Section 83 - Striking off pleadings - Applicability to Election Petition - The Court may order striking off pleadings in following circumstances - (i) Where such pleadings is unnecessary, scandalous, frivolous or vexatious, (ii) Where such pleadings tends to prejudice, embarrass or..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- The Representation of People Act, 1951, Sections 83 & 123(7) - Contents of Election Petition - Striking off pleadings - Petition filed challenging the election of returned candidate - Various allegation leveled against Electoral Registration Officer, corrupt practices adopted by returned candidate, deletion of names of..........
Representation of the Peoples Act, 1951, Section 83, Civil Procedure Code, 1908, Order 7, Rule 11 -- Contents of election petition - Material facts not stated in petition - Petition liable to dismissed - Distinction between material facts (facta probanda) and material particulars (facta probantia) - `Material facts' are primary or basic facts which must be pleaded by the..........
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Provision of Section 19 Prevention of Corruption Act and Section 197 Cr.P.C. operate in conceptually different fields - Case covered under Prevention of Corruption Act, in respect of public servants, the sanction is of automatic nature..........
Indian Penal Code, 1860, Section 300, 304, Part II -- Murder - Sudden quarrel - Deceased died due to a fist blow given by accused on the left temporal region of head of the deceased aged 65 years - Deceased could not take the impact of blow given by young, physically fit man - Medical evidence does not point towards deceased having died of heart attack - Accused convicted..........
