Criminal Procedure Code, 1973, Section 389 -- Suspension of conviction during pendency of appeal - Both the accused public servants - One of them dismissed and other placed under suspension - Consequences of conviction already arisen - Suspension of conviction declined...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973 -- Street - Civil Court passed status quo order - Proceedings initiated under Punjab Public Premises Act for removal of encroachment - Adjourned sine die to await the decision of civil suit - Held, as status quo order, passed by Civil Court, was still operative as such application under Punjab Public..........
Consumer Protection Act, 1986, Section 2(1) -- Housing - Allotment of house - Plea that that rate of house should be as on the date of application repelled - Plea that house not allotted within a period of two years he is entitled to interest @ 20% on the amount deposited repelled - Respondent - Board in agreement itself has taken liability for a award of interest @6% p.a...........
Criminal Procedure Code, 1973, Section 137, 133, 138 -- Public pathway - Encroachment - Existence of public pathway denied - Magistrate is obliged to enquire into the existence of public pathway - If it is found that denial plea is supported with any reliable evidence, Magistrate has to stay the proceedings of the case until the matter of existence of public right of way..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Failure to establish ownership - Only on the basis of possession on public land plaintiff cannot claim prima facie case in his favour nor balance of convenience is in his favour as land in dispute is for use of public - Temporary injunction declined - Order upheld...........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Power u/s 311 Cr.P.C. is exercised and evidence is examined neither to help the prosecution nor the defence - If the Court feels that there is necessity to act in terms of S.311 Cr.P.C. but only to subserve the cause of justice and public interest - It is done with an object of getting the evidence in aid..........
Indian Penal Code, 1860, Section 343, 366, 354, 34 -- Kidnapping and forcible marriage - Van in which kidnapping took place not recovered - Particulars of owner not mentioned - Van number different according to mahazar and prosecution evidence - Incident took place at the time and place where people frequently walk - If victim wanted to raise alarm it could have alerted..........
Criminal Procedure Code, 1973, Section 311 -- It does not confer on any party any right to examine, cross examine and re-examine any witness - This power is given to the court and not to be merely exercised at the asking of anyone - Discretion to be exercised by the court to prevent irretrievable or immeasurable damage to the cause of society, public interest and..........
Prevention of Food Adulteration Act, 1954, Section 7, 16, 13(2) -- Sample of groundnut oil found adulterated - Accused convicted - Report of public analyst not sent to the accused u/s 13(2) of the Act - Held, it deprives the accused of an important safeguard and defense - Accused, in the absence of report cannot move the court for sending other part of the sample to CFL -..........
Criminal Procedure Code, 1973, Section 378, 377 -- Appeal against acquittal - Competency of State Government to file appeal - Acquittal of accused persons when the case has been investigated by CBI - Legislature has maintained a mutually exclusive division in the matter of appeal from an order of acquittal in as much as the competent authority to appeal in two types of..........
