East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 2(d), 5, 15(2)(f), Punjab Village Common Lands (Regulation) Act, 1961, Section 2(d), Punjab Village Common Lands (Regulation) Rules, 1964, Rule 5 -- Exchange of Gram Panchayat land - Held, a purchaser of land subsequent to consolidation, who was not shareholder in khewat at that..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 2(d), 5, 15(2)(f), Punjab Village Common Lands (Regulation) Act, 1961, Section 2(d), 10A, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 5 -- Exchange of Gram Panchayat land - Orders of exchange have been passed by Director Consolidation u/s.42 of the Act of 1948 - Held,..........
Indian Penal Code, 1860, Section 302, 34, 304 -- Part I,447,504 - Murder - Conviction u/s 302/34 IPC - Appeal against - Propriety - Appellants not intend to kill deceased - It all happened in spur of moment upon heated exchange of words between parties after criminal trespass by appellants on to the land of deceased - Not a pre-determined or pre-meditated case -..........
Indian Penal Code, 1860, Section 304(Part I) -- Nature of offence - Sudden and grave provocation - Heated exchange of words between accused and victim which provoked the accused to hit the victim with axe - Covered by Exception 1 to S.300 IPC - Offence committed is culpable homicide not amounting to murder and punishable u/s 304(Part I) IPC - Conviction altered from S.302..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1), Constitution of India, 1950, Article 22 -- Preventive detention - Undue and long delay of 14 months between prejudicial activities and passing of detention order - No satisfactory explanation of delay given - Held, if there is unreasonable delay in execution of detention order,..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1), Constitution of India, 1950, Article 22 -- Preventive detention - Delay of 14 months in passing detention order - Effect of - Plea not raised earlier before High Court - Appellate Court permitted to raise plea since it goes against constitutional mandate as provided u/art 22 of..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1), Constitution of India, 1950, Article 22 -- Preventive detention - Detenu on bail - Delay of 14 months in passing order of detention - Contention that detenu absconding and not available for service of detention order - Authorities could have taken steps for cancellation of bail..........
Civil Procedure Code, 1908, Section 4(a), (b), 19, Order 39, Rule 1, 7 - - Registered design - Infringement - Interim injunction - Much prior to application for registration of design was made, there were exchange of notice and issuance of legal notices between plaintiff company and defendant company in respect of same product dates and packing method etc. - Design in..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1), Constitution of India, 1950, Article 22(5) -- Detention - Unreasonable and unexplained delay in considering the representation - Held, fatal to the continued detention of the detenu - Detention order set aside...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Provision of S.3(1) of the Act is constitutionally valid - There is no constitutional mandate that preventive detention cannot exist for an act where such act is not a criminal offence and does not provide for punishment - An act may not be declared as..........
