Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Launching of 107/151 Cr.P.C. proceedings by wife - Held, launching of proceedings under Section 107/151 Cr.P.C. just to deter the husband not to indulge further into the infarious activities, such action on the part of the wife cannot be termed as cruelty...........
Constitution of India, 1950, Article 226 -- Dismissal in limine of writ petition - Speaking order - Necessary - Reasons are flesh and blood of judicial adjudication - Such reasons must be shown in orders liable to be challenged in Superior Court - Writ petition disposed of without stating any reason whatsoever and order reads - 'We have heard the learned counsel on merits...........
Criminal Procedure Code, 1973, Section 172(3), 173(5) -- Demand by the applicant accused for copies of statements recorded by police under Section 161 Cr.P.C which are not filed by the prosecution in the court along with the charge sheet and on whom the prosecution is not relying - The demand of the applicant accused held untenable...........
Consumer Protection Act, 1986, Section 24A -- Limitation - Insurance claim repudiated on 23.3.1992 - Complaint filed on 29.12.1994 - Section 24-A providing for limitation inserted w.e.f. 28.6.1993 providing for limitation of 2 years - Since cause of action arose prior to insertion of Section 24-A general law of limitation of three years is to be applicable - Calculating..........
Consumer Protection Act, 1986, Section 2(1),(d),(g) -- Consumer - Deposit - Refund - Held that deposit holder would be a consumer within the meaning of Section 2(1) (d) of the Act - Failure to refund the amount deposited with any financial institution on maturity will amount to deficiency in service...........
Punjab Land Record Manual -- Para 7.13 - 'Sehat Intkal' - Notice to interested party to appear and opportunity of hearing - Condition precedent - Sehat Intkal sanctioned without impleading adversely affected parties - Non est - Can be ignored at any stage - Chet Singh's case 1977 PLJ 228 SC Followed - Punjab Land Revenue Act, Section 37...........
Indian Penal Code, 1860, Section 304B, 34, 120B -- Dowry death - Kerosene poured and thereafter with lighted match stick the girl was burnt to death - FIR depicts the case of torture in order to attract Section 498-A together with ingredients of charge u/s 304-B - FIR found to be interpolated as such High Court acquitted accused u/s 304-B - No exception can be taken to the..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 12(2) -- Right of personal hearing - Not a sine qua non before designated authority passes order under Section 12(2) - Mandate of Section 12(2) does not incorporate requirement of a personal hearing - Right of a personal hearing impliedly excluded by mandate of Section..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 12 -- Show cause notice - Section 12(2) places burden on concerned person to justify his position - Only right available to concerned person to respond to it within a period of seven days - In case he does not tender adequate justification within stipulated time - Open..........
Constitution of India, 1950, Article 226, 14 -- Plea of discrimination, orders passed against petitioner be set aside on account of the fact that no action taken against others who have allegedly committed similar violations as the petitioner - Not tenable - Even if petitioner right in alleging that constructions made by others not been demolished, no relief can be given..........
