Punjab State Election Commission Act, 1994, Section 3, 66, Punjab Panchayat Election Rules, 1994, Rule 33(2) -- Election of Panches under reservation of different categories - Election result declared after counting of valid votes polled by each candidate in each respective category as per reservation - Presiding officer later on changed result at the directions of..........
Civil Procedure Code, 1908, Order 10, Rule 1A -- Non-appearance of both plaintiffs and defendants - Dismissal of suit without recording any reason - Legality of - Held, in terms of O.10.R.1-A CPC, Court is required to direct parties to appear in person after recording admissions and denials U.O.10.R.1 CPC to opt for either mode of settlement outside Court - Provisions have..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 105, 106 -- Execution - Court sale - Procedure for consideration of application under R.97 or 99 even where it is by the decree holder, for removal of the obstruction to delivery of possession by J.D. or any person claiming under him, or by a third party, not claiming under the J.D. is governed by O.21.Rr.105 & 106 CPC..........
Contempt of Courts (CAT) Rules, 1992 -- Rr.7 & 13 - Criminal contempt - Witness giving false evidence before C.A.T. - Criminal contempt neither registered nor numbered separately - No charge(s) framed - Held, Tribunal has to follow procedure prescribed under rules 7 & 13 of Contempt of Courts (C.A.T.) Rules, 1992 which are mandatory - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 138 of Negotiable Instruments Act and u/s 420 of Indian Penal Code on allegations of dishonour of cheque - Complaint dismissed on ground that it was barred by limitation prescribed under Negotiable Instruments Act - Magistrate failed to take note..........
Medical negligence -- Meaning - A simple lack of care, and error of judgment or an accident is not proof of negligence on the part of medical professional - So long as doctor follows a practice acceptable to the medical profession of that day, he cannot be held liable for negligence merely because a better alternative course or method of treatment was also available or..........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Closure of evidence by order - Order is penal in nature - Such order must follow an order of lesser gravity - Since no such order of lesser gravity passed as such case remanded back to trial court to decide afresh after giving one effective opportunity to plaintiff to produce evidence...........
Punjab Panchayati Raj Act, 1994, Section 216 -- Block Development and Panchayat officer issued notice to petitioner calling upon him to deposit Rs.1.19 lakhs so as to make good the loss caused by him to Panchayat funds - Before passing effective order, authorities bound to follow procedure as laid down u/s 216 of Act - Held, petitioner was denied right to contest..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Eviction petition - Arrears of rent - Relationship of landlord and tenant denied - However, tenant deposited Rs.40, 000/- - Rent Controller and Appellate Authority holding existence of relationship of landlord and tenant and outstanding arrears of rent as Rs.3.97 lakhs - Held, once relationship of landlord..........
Criminal Procedure Code, 1973, Section 482, 155(2), 2(d), Indian Penal Code, 1860, Section 323, 504, 506 -- Offence u/ss 323, 504 & 506 IPC - Offence bailable and non cognizable - Police after investigation made report disclosing commission of non cognizable offence - Deemed to be a complaint and police office making such report a complainant - Charge sheet filed by police..........
