Representation of the Peoples Act, 1951, Section 83(1), 86(1) -- Conduct of Election Rules, 1961, Rule 94A - Election petition - Affidavit - Defect in affidavit - Non-compliance with the provisions of Section 83 of the Act does not attract the consequences envisaged by Section 86(1) of the Act - An election petition is not liable to be dismissed in limine u/S.86 of the Act..........
Indian Penal Code, 1860, Section 302, 304 Part II -- Deceased under influence of liquor entered house of accused with knife and wanted to rape his wife - Hearing cries accused intervened and rescued her - Possibility cannot be ruled out that accused pushed the deceased out of his house, inflicted blows with knife and killed the deceased - Accused committed the act in the..........
Limitation Act, 1963, Section 5 -- Section 5 of the Limitation Act does not apply to execution proceedings...........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C. - It is imperative on the court to record the statement under Section 313 Cr.P.C. of the accused persons so as to give opportunity to the accused persons to explain any incriminating circumstance proved by the prosecution - If such opportunity is not afforded, the incriminating piece of..........
Probation of Offenders Act, 1958, Section 4 -- Indian Penal Code, 1860, Section 363 - Kidnapping - Conviction u/s 363 IPC - Accused and prosecutrix happily married, though not with each other - Incident 13 years old - Accused released on probation...........
Bihar State Universities Act, 1976, Section 2(c),2(i),4(1),14,35 -- Non - obstante clause - Difference in language employed in the non-obstante clauses in Section 4(1) (14) and somewhat similar clause in Section 35 of the Act - Proviso to clause 14 of Section 4(1) uses the expression `notwithstanding anything to the contrary contained in this Act' whereas opening part of..........
Criminal Procedure Code, 1973, Section 439 -- Indian Penal Code, 1860, Section 376, 313, 315 and 506 - Bail - Accused, a self proclaimed sidh/saint - He exploited the prosecutrix and impregnated her several times because of which she gave birth to four children and there were abortions thrice - None of the children so born survived - Skull of a child recovered during..........
Civil Procedure Code, 1908, Section 104(1)(2), 4, 100A, Order 43, Rule 1 -- Prior to 1976, 2002 amendment - Letters Patent, Cl.15 (Madras) - Order of Signal Judge in appellate jurisdiction - Letter Patent Appeal - Maintainable - Appeal under Cl.15 of LPA of High Court is one provided by law for time being in force - And at relevant time S.100-A did not bar such an appeal -..........
Punjab Municipal Corporation Act, 1976, Section 93(b) - - House tax - Recovery of the enhanced tax - Rateable value of lands - Determination of - Respondent Corporation resorting to the provisions of Section 93(c) of the Act without first taking recourse to provision of Section 93(b) of the Act - Held that the respondent Municipal Corporation has erred in taking recourse..........
Consumer Protection Act, 1986, Section 2(1)(g), 13(1)(c) -- Scooter - Manufacturing defect - Engine giving noise and starting problem which had continued even after the repairs of the defects by the appellant - There was no technical report of any expert as per provisions of Section 13(1)(c) of the Act - It cannot be held that there was any manufacturing defect - Findings..........
