Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 447, 323, 307, 302 -- Bail - Offence under Sections 147, 148, 447, 323, 307 and 302 IPC - Bail application opposed by complainant on ground that one of accused petitioner instigated other co-accused to kill deceased and other injured persons of complainant party and another accused..........
Industrial Disputes Act, 1947, Section 2(s) -- Workman - It was not sufficient for a person to be a workman that he does not fall within the exceptions given in Section 2(s) - In order to be a workman the specific nature of work as given under Section 2(s) must be shown to be the one being done by the person - There may be employee who do not do any supervisory or..........
Consumer Protection Act, 1986, Section 2(1),(g), Insurance Act, 1938, Section 45 -- Insurance claim - Suppression of material facts - Repudiation - The bar of two years contained in Section 45 of the 1938 Act would not be attracted at all where the case is covered by the exceptions contemplated by Section 45 of the Act - The primary consideration to be kept in view is that..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Applicability of provision - For bringing the case within Exception 4 to Section 300 of Indian Penal Code, Court has to arrive at a conclusion that the act was committed: (i) without pre-meditation; (ii) in a sudden quarrel; (iii) without the offender's having taken undue advantage; or (iv) acted in a cruel or unusual..........
Indian Penal Code, 1860, Section 300 -- Exception 4 - Applicability of provision - For bringing the case within Exception 4 to Section 300 of Indian Penal Code, Court has to arrive at a conclusion that the act was committed: (i) without pre-meditation; (ii) in a sudden quarrel; (iii) without the offender's having taken undue advantage; or (iv) acted in a cruel or unusual..........
Punjab Land Revenue Act, 1887, Section 111, Punjab Tenancy Act, 1887, Section 4(1) -- Partition - Distinction as to land used for agricultural/subservient purposes vis a vis land assessed to land revenue - Sec. 4(1) of Tenancy Act deals with agricultural tenancies - Subject matter of partition under section 111 of Land Revenue Act are land or tenancy - Partition of tenancy..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Only the drawer of cheque is liable - A payee or an endorser is not liable under Section 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued for discharge of a time barred debt - Held, such a cheque is within the sweep of Section 138 Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security for repayment of loan - Cheque will continue to be one issued for discharge of liability as contemplated under Section 138 of the Act...........
Civil Procedure Code, 1908, Section 80(1), 80(2) -- Government or public officer - Suit against - Notice u/s 80 CPC is imperative - In case urgent and immediate relief is to be granted suit can be instituted without service of notice u/s 80 with leave of the Court - Such leave must precede the institution of suit - Order granting leave must indicate the ground(s) pleaded..........
