Punjab Panchayati Raj Act, 1994, Section 12(1), 13, Punjab State Election Commission Act, 1994, Section 89(1)(c), 89(1)(d), 76 -- Acceptance of nomination paper under a wrong category and rejection under correct category - Acceptance of nomination paper under wrong category materially affect the result - Such a ground is a sufficient ground for declaring the election to be..........
Criminal Procedure Code, 1973, Section 272 -- Language of criminal Court - State Govt. passing order published in Govt. Gazette declaring Marathi language to be used by all criminal courts other than the High Court - Magistrate thus required to record evidence in Marathi - Clause 3 of Schedule to such order declaring paper books in appeals and revisions of District Court..........
Will -- Suspicious circumstances - Following are the suspicious circumstance : (i) Scribe of will could not identify executant - He could not rule out the possibility that in place of executant some other person might have thumb marked the will - Scribe further admitted that he did not write the name on thumb impression allegedly that of executant - Scribe further admitted..........
Agreement to sell -- Execution - Proof - Plea that thumb impression was obtained on blank paper and agreement to sell was forged and fabricated - However, agreement to sell executed on stamp paper purchased by defendant for execution of agreement to sell - Agreement to sell cannot be held to be forged and fabricated when stamp paper is purchased by the defendant...........
Stamp Act, 1899, Section 54 -- Unutilised stamp paper - Purchaser is entitled for refund if applied for within six months - Collector to satisfy himself that the stamp papers or stamps were purchased with bona fide intention to use the same and that he had paid full price thereof - Refund resisted - Collector failing to discharge his duties - Directions issued to decide..........
Medical negligence -- Surgical operation - Laminectomy - Death of the patient aged 21 years after 25 days - Cause of death certified as 'cerebral Hypoxia following Cardiac Arrest, leading to brain death and ultimately, multiple organ failure' - Hospital not made party - Medical records of hospital running into 200 pages though available with complainant not brought on..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(i) -- Arrears of rent - Denial of relationship of landlord and tenant - Proof of rent deed - Stamp paper on which rent deed executed proved to be sold to some other person other than the tenant - Stamp paper sold consisted of three leaves but first leave not produced - Son of deceased deed writer appeared as a..........
Contract Act, 1872, Section 134 -- Surety - Liability of - Surety bond containing signature of defendant No.2 - Plea of signing on blank paper - Held, not tenable - Defendant No.2 jointly liable to make payment - Omission of creditor Bank if any can only be considered either on date of filing of suit or on date of judgment...........
Punjab Wild Life Preservation Act, 1959, Section 3(10), 8, Constitution of India, 1950, Article 226, 227 -- Wildlife sanctuary - Site of petitioner's mill within 500 meters from wild life sanctuary and this violative of sitting parameters laid down by State Govt. - Vide impugned order `No Objection Certificate' previously granted to petitioner for installation of Rice..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Withdrawal from testimony - Long history of enmity between the families of complainant and accused - At least seven persons from both sides murdered - Parties entering into compromise with intervention of 40 village Panchayats - Application to recall witness allowed for further cross examination in order..........
