Arms Act, 1959, Section 27 -- Offence u/s 27 of the Act - `Unlawful purpose' of using arms and ammunitions is no longer inseparable component of delinquency - Accused admittedly a police official at time of incidence and arms and ammunitions used for commission of offence were placed in his possession under sanction accorded by Competent Authority - Accused being in..........
Criminal Procedure Code, 1973, Section 157 -- Investigation - Mere fact that investigation of case was not conducted by competent authority, such investigation and even filing of charge sheet may not be declared as nullity in the eyes of law in as much as such investigation was completed after recording statement of relevant witnesses and charge sheet was filed, more..........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 10, Specific Relief Act, 1963, Section 34 -- Surplus land - Suit for declaration and permanent injunction - Possession of land was taken by authority by conducting panchnama for which plaintiff is a signatory - Land was allotted to BDA and same was utilized for public purpose - Belated attempt was made by plaintiff by..........
Industrial Disputes Act, 1947, Section 25F -- Retrenchment - Irregular appointment - Appointments made on daily wage basis under orders of competent/appointing authority - Merely because their appointments are not in accordance with procedure prescribed under ordinance would not disentitle them from claiming protection under the provisions of the Act - Termination of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - In the event compromise deed is found to be void ab initio on account of coercion, very basis for quashing the first complaint is removed since the settlement agreement is deemed to have never existed and hence it had no effect on the liability subsisting under the first complaint -..........
Mutation -- Mutation proceeding is fiscal and summary in nature which does not confer any right or title in favour of person concerned over the property in question - Order passed in mutation proceedings is always subject to final adjudication of right and title of parties in a regular proceeding by competent Court...........
Arbitration and Conciliation Act, 1996, Section 9(1) -- Application u/s 9(1) of the Act - Jurisdiction of Civil Court - Civil Court of competent jurisdiction has jurisdiction to admit, entertain and decide an application u/s 9(1) of the Act, any time before final arbitral award is enforced in accordance with S.36 of the Act...........
Criminal Procedure Code, 1973, Section 432, 433 -- Remission - Murder of two persons - Accused convicted and sentenced for more than one life imprisonment for causing death of two persons - It is a case of concurrent sentence and not a sentence of imprisonment consecutively - Such sentence of imprisonment is not the subject matter in an appeal before the competent Court -..........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b) -- Default bail - Offence u/ss 307, 34, 467, 468, 481 and 120-B IPC and Ss.3, 10, 13, 15, 18, 19, 20, 23, 38 & 39 of Unlawful Activities Act - Charge sheet not filed within 90 days - Extension of time to investigate - Extension of time by CJM - Magistrate has no..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Release application for need of son of landlord - Plea of comparative hardship - Tenants have their shops available for business and business of selling vegetables can be shifted anywhere easily - Tenant has not made any efforts to search..........
