Hindu Succession Act, 1956, Section 8,15(1)(a) -- Compensation in relation to parents who were killed during 1984 riots - Denial of to married daughter - Not disputed that the compensation stands covered within the meaning of word `property' as mentioned in Sections 8 and 15 of the Act - Held that Section 8 of the Act has not made any distinction between married daughter..........
Indian Penal Code, 1860, Section 448 -- In order to sustain the conviction under Section 448 IPC it must be found that the intention of the accused was to commit an offence or to intimidate, insult or annoy the complainant - There must be unlawful entry and there must be proof of one or other of the intentions mentioned in Section 441 IPC...........
Evidence Act, 1872, Section 4 -- 'May presume' & 'Shall presume' - Presumptions falling under the former category are compendiously known as 'factual presumptions' or 'discretionary presumptions' and those falling under the latter as 'legal presumptions' or 'compulsory presumptions' - Expression 'shall be presumed' employed in Section 4(1) of the Act has the import of..........
Industrial Disputes Act, 1947, Section 25F -- Retrenchment - Compensation - The condition contemplated by Section 25-F is that workman should have been in continuous service for a period not less than one year `under the employer' - The question of how the workman has been recruited or the source from which he has been paid is not relevant...........
Consumer Protection Act, 1986, Section 25,27, Companies Act, 1956, Section 446 -- Execution application - Provisions of Sections 25 and 27 of the C.P.Act are to be read in conjunction and not in isolation - Resort to Section 27 of the Act is to be taken as a last resort - Respondent Company ordered to be wound up by Hon'ble Company Judge and Provisional Official Liquidator..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Courier service - Blood sample of respondent/complainant taken by laboratory at Ahmedabad as consignor for sending to Bombay through appellant courier - The sample sent to some other laboratory - Complaint by respondent/complainant of deficiency in service - Plea by appellant/OP that there is no contract of..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Advocate's complaint - Rs 100/- deposited for processing the complaint against advocate to Bar Council - Bar Council took no action - Whether consumer dispute or not - Held that such payment of the statutory fees does not partake character of consideration as used in the language of Section 2(1) (d) (ii) of the..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - To prove the offence it must be proved that accused dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or..........
Punjab Tenancy Act, 1887, Section 84(3) -- Punjab Security of Land Tenures Act, 1953, Section 14A(iii) - Reference to Financial Commissioner - Service of notice - Principles of natural justice - Ejectment of tenant - Non payment of rent - Order of ejectment passed by Assistant Collector as confirmed by the Collector referred to the Financial Commissioner by the..........
Indian Penal Code, 1860, Section 302, 34, 304 - - Murder - Common intention to cause death - Nature of injuries inflicted on deceased and other circumstances should be weighed by the court - Accused persons went to house of the complainant and initiating fight there - Though appellants had no enmity with the deceased but when deceased intervened, three of the appellants..........
