Punjab Municipal Act, 1911, Section 16(1)(e) -- Municipal Councilor - Removal from office - Criticism of house tax assessment list - Cannot be construed as `misconduct' - A fair criticism of the house tax assessment list has no bearing on the alleged loss in revenue of the Council - Held, order of removal against the appellant is beyond the scope of clause (e) of..........
Consumer Protection Act, 1986, Section 17(b) -- Interlocutory order - Revision - Maintainability - Ordinarily revision against interlocutory order is not to be entertained - But when inter - locutory order is such as would affect the right of the party against whom the order is passed, revision can be entertained when the order is shown to be falling within the parameters..........
Criminal Procedure Code, 1973, Section 197, 202 -- Complaint - Public servant - Sanction for prosecution - Raising of plea by accused at enquiry stage - Held, accused in the course of enquiry into a complaint u/s 202 Cr.P.C. and before order has been passed about issuance of process can raise plea under Section 197 Cr.P.C. before the Court by filing such documents which..........
Consumer Protection Act, 1986, Section 11(2), Civil Procedure Code, 1908, Section 20,21(1) -- Territorial jurisdiction - Although there is no specific provision in the C.P. Act, 1986 akin to Section 21 of the CPC, 1908, Consumer Fora established under the provisions of the C.P. Act, 1986 have all the trappings of a Civil Court and judicial authority and the proceedings..........
Consumer Protection Act, 1986, Section 11(2), Civil Procedure Code, 1908, Section 21 -- Territorial jurisdiction - Objection as to - Doctrine of Waiver - As a general rule, neither consent nor waiver nor acquiescence can confer jurisdiction upon a Court or quasi judicial authority which is otherwise incompetent to try a suit or Complaint - Section 21 of the CPC provides an..........
Indian Penal Code, 1860, Section 363 -- Girl in her statement stated that she of her own went alongwith accused and she got out of the house after informing her parents and that accused was affectionate towards her and he was taking up private classes exclusively for her and that he was touching her frequently and used to caress her and kiss her - Girl though less than 18..........
Evidence Act, 1872, Section 92 -- Document (memorandum of partition) not executed between all co - sharers - Mere fact that document not executed between all co - sharers - Does not render document invalid as far as parties who had signed the document - For purpose of determining nature of possession over land in dispute - Document binding upon the parties who had signed -..........
Insurance Act, 1938, Section 64UM -- Second Surveyor - Appointment of - Scheme of Section 64UM of the Act, particularly of Sub-sections (3) and (4) showing that insurer cannot appoint second Surveyor just as a matter of course - If the report of the Surveyor or Loss Assessor is not acceptable to the insurer it must specify reasons but it is not free to appoint second..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 61, 50 -- Bail - Recovery of 3 Kgs. of opium - Plea that there has been no, compliance of Section 50 of the Act at the time when search was conducted and not independent witness associated in raiding party and on the date of the crime the accused was aged 18..........
Indian Penal Code, 1860, Section 304 Part I, 304 Part II -- Applicability - Second Part of Section 304 IPC applies when there is no guilty intention, but there is guilty knowledge i.e. the act by which death was caused was done with the knowledge that the act was likely to cause death, but without any intention to cause death, or such bodily injury, as was likely to cause..........
