Criminal Procedure Code, 1973, Section 357 -- Recovery suit - Compensation - Suit for recovery filed by plaintiffs (widow and minor daughter respectively of deceased) alleging that they were entitled for compensation by way of damages to the extent of Rs.3 lacs from the defendants on account of murder of deceased - Plea of defendants that in view of Section 357 of Cr.P.C.,..........
Penal Code, 1860, Section 300,84 -- Evidence Act, 1872, Section 105 - Murder - Insanity - Plea of - Accused-appellant having family history of psychiatric illness - Appellant was being treated for unsoundness of mind since 1992 - Diagnosed as suffering from paranoid schizophrenia - Under regular treatment for mental ailment - Weak motive of killing his wife - Killing in..........
Criminal Procedure Code, 1973, Section 145 -- Petitioner-s possession of the property in dispute admitted - His dispossession by respondent also admitted - Petitioner dispossessed on 12.8.1999, moved an application to the police on 13.9.1999, which was received on that very date by the Court below - Held that under these circumstances, it was necessary for the Court below..........
Penal Code, 1860, Section 406,409, 120B -- Essential Commodities Act, 1955, Section 7 - Quashing of proceedings - Petitioner by not returning the rice after milling from the paddy, which was entrusted to him, prima facie committed criminal breach of trust - Petitioner also prima facie committed an offence u/s 7 of the Essential Commodities Act, 1955 - No ground to quash..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 4, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 3, Punjab Tenancy Act, 1887, Section 5, 8 -- Provisions of Section 4 have precedence over provisions of Punjab Tenancy Act and Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act - Claim to have acquired occupancy rights under..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Banking Service - Consumer - Suspension of complainant's account allegedly on the basis of forged and fabricated medical certificate submitted by a stranger and bank came into collusion with a stranger - Prayer for withdrawal of suspension of account order - Held that complainant does not come under the definition of..........
Evidence Act, 1872, Section 40, 41, 42, 43 -- Previous judgment - Relevancy - (1) the previous judgment which is final can be relied upon as provided under Sections 40 to 43 of the Evidence Act; (2) in civil suits between the same parties, principle of res judicata may apply; (3) in a criminal case, Section 300 Cr.P.C. makes provision that once a person is convicted or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Criminal complaint - Existence of an agreement between the parties by which certain securities were given by the borrower to the lender which could be disposed of by the borrower for realising its outstanding amount of debt would not deprive the payee of the cheque from taking resort to the provisions..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Non-compliance of - Effect - Police party received secret information, while they were on patrol duty - Priority was first to seize the contraband - DSP was immediately informed on wireless and he reached the spot - Failure to comply with Section 42 of NDPS Act cannot be said to be fatal to the case of the..........
Consumer Protection Act, 1986, Section 13(a) -- Procedure - Filing of reply - Condonation of delay - Appellants-OPs were given ab initio 67 days to file reply which was more than the maximum permissible time of 45 days prescribed in Section 13(a) of the Act - No reason much less reasonable explanation to indicate as to why the appellants could not file reply in time -..........
