Civil Procedure Code, 1908, Section 100 -- Second appeal - Existence of substantial question of law is a condition precedent for the High Court to assume jurisdiction of entertaining second appeal - Conditions specified in Section 100 of CPC are required to be strictly fulfilled and that the second appeal cannot be decided on merely equitable grounds...........
Customs Act, 1962, Section 108, 135 -- Criminal Procedure Code, 1973, Section 164 - Conviction - Confessional statement - Plea that the Customs Authorities while recording the statement under Section 108 of the Customs Act had not followed the safeguard provided under Section 164 of the Code - Findings of the High Court that the provisions of Section 164 of the Code are..........
Civil Procedure Code, 1908, Section 34 -- Interest - When becomes principal sum - Subject to voluntary contract between the parties and/or established practice or usage interest on loans and advances may be charged on periodical rests - Interest if not paid the same to be capitalised - Principal sum actually advanced coupled with the interest advanced coupled with the..........
Criminal Procedure Code, 1973, Section 167(2) -- Penal Code, 1860, Sections 302, 201, 34 and 120B - Bail - Arrest of appellant alongwith two others as a dead body was found when checking the car of appellant at a check post in Haryana and FIR registered - Charge sheet not filed within period of 90 days - Trial Court at Karnal in Haryana granted statutory bail under Section..........
Penal Code, 1860, Section 34, 302 -- Murder - Three accused - Charge only under Section 302 IPC framed and no charge had been framed u/S.34 IPC - Conviction of all three accused u/S.302 - Appellant accused could not show that any prejudice was caused to either of the accused persons because of no, framing of charge under Section 34 IPC - Held that even in the absence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section S.37(1, Criminal Procedure Code, 1973, Section 437, 439 -- Offence under NDPS Act punishable for five years or more - Bail - Accused cannot be granted bail unless limitations contained u/s 437 and 439 Cr.P.C. and Section 37 of NDPS are satisfied - Limitations contained in S.37(1) of NDPS Act are in addition to..........
Land Acquisition Act, 1894, Section 4, 5A, 6 -- As amended in 1984 -'Publish' and 'from the date of publication of the notification' occurring in proviso (ii) in S.6(1) - Refer to the publication of the Section 4 notification and have no reference to the publication of any notification u/s 6 - Sub-section (2) of S.6 does not prescribe any time limit within which the..........
Consumer Protection Act, 1986, Section 13(3) -- Strike of lawyers as a ground for adjournment - Non-compliance of the principles of natural justice - Held that strike of lawyers should never be ground for adjournment in a Forum under the Act - The Act is meant to provide speedy justice to the consumers - Under sub-section (3) of Section 13 it is specifically provided that..........
Consumer Protection Act, 1986, Section 2(1),(g),21(b) -- Tractor booking - Amount deposited with the authorised dealer who in turn sent it to manufacturer but tractor not delivered - Dispute between manufacturer and the authorised dealer - Held that the poor agriculturist who wanted to buy a tractor cannot be taken for a ride - Direction of both the fora below directing..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3(1)(a), 4 -- Divorced wife - Maintenance - (i) Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which includes her maintenance as well - Such a reasonable and fair provision extending beyond the iddat period must be made by the husband within the iddat..........
