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KARNATAKA HIGH COURT

Year of decision: 2010
Details

Criminal Procedure Code, 1973, Section 53(A), Constitution of India, 1950, Article 20(3) -- Taking photographs, sample of public hair from body of accused without his consent - Person accused of an offence of rape - Taking sample of blood of accused with his consent for the purpose of DNA test - Taking photograph, sample of pubic hair from body of accused without his..........

PUNJAB & HARYANA HIGH COURT

Year of decision: 2010
Details

Criminal Procedure Code, 1974, Section 24, Constitution of India, 1950, Article 309Proviso -- Appointment of public prosecutor - Haryana State Prosecution Legal Service (Group B) ,R.(1979), R. 9 - Haryana State Prosecution Legal Service (Group A) ,R.(1979), R. 9, - Direct recruitment - Permissibility of - Held, appointment to posts of Public Prosecutor by direct..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2010
Details

Capital of Punjab Development and Regulation Act, 1952, Chandigarh Sale of Sites and Building Rules,1960 -- Sale of plot in public auction - Sale cancelled - Neither sale deed executed nor consideration paid nor possession taken by the auction purchaser - Held, the mere fact that the auction purchaser was the highest bidder does not warrant an inference that contract has..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 499 -- Tenth Exception - To bring a case within the ambit of S.499 Exception tenth it has to be proved by evidence that act was in 'good faith' and 'public good' as mere plea that accused believed that what he stated was in 'good faith' and he can discharge this burden by preponderance of probabilities...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 499 -- Tenth Exception - For applicability of the tenth exception of S.499 IPC it must be proved that statement/publication was intended in 'good faith' to convey a caution to one person against another and that such caution was intended for the good of the person to whom it was conveyed, or of such person in whom that person was..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 499 -- To bring a case within the ambit of S.499 Exception tenth it has to be proved by evidence that act was in 'good faith' and 'public good' as mere plea that accused believed that what he stated was in 'good faith' and he can discharge this burden by preponderance of probabilities...........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Indian Penal Code, 1860, Section 499 -- For applicability of the tenth exception of S.499 IPC it must be proved that statement/publication was intended in 'good faith' to convey a caution to one person against another and that such caution was intended for the good of the person to whom it was conveyed, or of such person in whom that person was interested, or for the..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Arms Act, 1959, Section 17(3)(b)(c) -- Arms Licence - Licensing authority to decide whether the grant of license will adversely effect public peace or public safety because of pendency of several criminal cases against the applicant - The decision of the executive and threat perception that it obtains, to be normally endorsed by the Court, unless basis of such perception..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Punjab Premises (Eviction of Unauthorised Occupants) Act, 1973, Section 5, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5 -- Expiry of lease period - Eviction of lessee - There were 73 tenants whose lease had expired - No action taken against them - Plea of tenant that action of authority was unfair - Order of eviction set aside as action of..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2010
Details

Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 5, Punjab Premises (Eviction of Unauthorised Occupants) Act, 1973, Section 5 -- Lease - Expiry of lease period - On expiry of lease period possession becomes unlawful - However, when a statute protects the continuance of possession notwithstanding the terms of lease then statutory protection enable..........

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