Indian Penal Code, 1860, Section 325, 323, Probation of Offenders Act, 1958, Section 4 -- Probation - Benefit of - Conviction of three accused under Section 325, 323 IPC - All accused except one released on probation - Probation refused to third accused on the ground that injury inflicted by him on victim was grievous - Accused faced trial for eight years - Third accused..........
Haryana Municipal Corporation Act, 1994, Section 15, 62, 84, Bombay Provincial Municipal Corporation Act, 1949, Section 16, 403 -- Election to the Municipal Corporation - Election Petition challenging the election of returned candidate - Irregularities in counting alleged - Election Tribunal ordered re-counting of votes - General allegations that the process of counting..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Contract Act, 1872, Section 28 - Arbitration agreement - Appointment of Arbitrator - Challenge to validity of clause 23 of the agreement which provided that the arbitrator's determination `final and binding between the parties' and the parties have waived all rights of appeal or objection `in any jurisdiction' -..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d) -- Education - Admission - Refund of tuition fee - Interest - Compensation -Amounting to Rs.58,500/- - Claim for - On account of getting admission in some other institution - Only a sum of Rs.2500/- refunded - Appellant-OP cannot be allowed to forfeit an amount for which he has not provided any service -..........
Punjab Tenancy Act, 1887, Section 5, 8, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 2(f), 2(3) -- Tenants having right of occupancy - Vesting of proprietory rights in occupancy Tenants - Suit filed alleging that as per local custom plaintiffs/Tenants became full fledged owners by acquiring occupancy rights under Sec. 5 and 8 of the Act of..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4(1), 4(3)(ii) -- Shamlat deh land - Vesting of rights in Panchayat and proprietors - Plaintiff shown in cultivating possession for some years from 1966-67 onwards in revenue records - No oral or documentary evidence to show possession or cultivation of the suit land by the plaintiffs or their ancestors prior to..........
Land Acquisition Act, 1894, Section 23(1)(a) -- Restitution/refund - Interest thereon - Compensation paid under Section 23(1)(a) of the Act by the Trust - Later on, as per law laid down by the Supreme Court the said amount of compensation was required to be returned/refunded - The Trust claimed interest at the rate of 15% on the aforesaid refund - Trust entitled to receive..........
Civil Procedure Code, 1908, Order 26, Rule 4, Civil Procedure Code, 1908, Section , Order 16, Rule 9 -- Examination of witness on commission - Application for withdrawal of suit - Suit dismissed as withdrawn - Application under Section 114 and O 47 R 1 for review of order - Issues framed - Application for issuance of commission to examine Advocate - Declined by Trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition - Petition filed U/s 166 of the Motor Vehicle Act, 1988 - Amendment sought to convert the claim petition u/s 163-A of the Act. Held - Provisions of Section 163A of the Act are in the nature of a social security - Provides a distinct scheme of compensation to claimant/deceased having annual income..........
Probation of Offenders Act, 1958, Section 4, Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- - Sample of Laddus found misbranded - Accused sold laddus containing un-permitted dye - Conviction under Section 16(1)(a)(i) of Prevention of Food Adulteration Act, 1954 - Incident 20 years old - Accused given benefit of probation...........
