East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42, 21(1), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 18 -- Whether in a petition u/s.42 after expiry of more than three decades from the date, when consolidation scheme was sanctioned, an application for variation in scheme is permissible? -..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - An act though sufficient in ordinary course of nature to cause death, would not always constitute an offence under this section, if the necessary intention or knowledge on the part of accused is lacking...........
Land Acquisition Act, 1894, Section 4, 5A -- Land acquisition - Publication of notification - Purpose of publication of notification is two fold - First to ensure that adequate publicity is given so that land owners and persons interested will have an opportunity to file their objections u/s 5-A of the Act and second to give the land/owners/occupants a notice that it shall..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - In the trial Court some times pleadings are not properly drafted and merely on technicalities the relief should not be denied - It is not necessary that particular section should be mentioned in the application - It is the substance in the application which is material for adjudicating upon the relief..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Essential ingredients of the provision are : (i) that he should have been a public servant; (ii) that he should have used corrupt or illegal means or otherwise abused his position as such public servant, and (iii) that he should have obtained a valuable thing or pecuniary advantage for himself or for any other person..........
Indian Penal Code, 1860, Section 420, Punjab Panchayat Raj Act, 1994, Section 4(2), 5, 44, 51, 71, 77 -- Embezzlement to the tune of 30 lakhs on the pretext of sending son of complainant to America for permanent job - Jurisdiction of Panchayat to try the offence - Held, (i) There is no bar for investigating any offence by the police including the offences mentioned in the..........
Criminal Procedure Code, 1973, Section 397, 399, 401 -- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on exercise of such..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 20(3), 30 -- Both the provisions of S.20(3) and S.30 are independent and do not require action to be taken under another section as a prelude to taking of action under one section - There can be suspension of registration u/s 20(3) and it may or may not necessarily follow..........
Criminal Procedure Code, 1973, Section 207, 173 -- Documents - Accused is entitled to copies of (i) the police report, (ii) first information report, (iii) the statements recorded under Section 161(3) of all the persons whom the prosecution proposes to examine as its witnesses as mentioned in Section 173(5)(b), (iv) the confessions and statements recorded under Section 164..........
Land Acquisition Act, 1894, Section 5A -- Scope - (i) The rule of audi alteram partem engrained in the scheme of S.5A of the Act ensures that before depriving any person of his land by compulsory acquisition, an effective opportunity must be given to him to contest the decision taken by the State Government/competent authority to acquire the particular parcel of land; (ii)..........
