Specific Relief Act, 1963, Section 28 -- Extension of time - Court has power to enlarge time in favour of D.H. to pay the amount or to perform the conditions mentioned in the decree for specific performance - Court can either extend time for compliance of the decree or can order rescission of the agreement - These powers are available to the Trial Court which passed decree..........
Criminal Procedure Code, 1973, Section 248(2) -- Quantum of sentence - Illustrative factors are : (a) Motive or previous enmity; (b) Whether the incident had taken place on the spur of the moment; (c) The intention/knowledge of the accused while inflicting the blow or injury; (d) Whether the death ensued instantaneously or the victim died after several days; (e) The..........
Industrial Disputes Act, 1947, Section 2(oo)(bb), 25H -- Retrenchment - Extension given to the petitioner on a specific stipulation that the reengagement was being done only till a regular employee was appointed - This stipulation specifically excepted under the proviso contained in Section 2(oo)(bb) - The workman cannot assert any right u/s 25 H of the ID Act - In order..........
Civil Procedure Code, 1908, Order 22, Rule 2-B, Civil Procedure Code, 1908, Order 22, Rule 4(3) -- (As in P&H) - Death of defendant who was served and defending the suit - In case of his death, it is duty of his legal representatives to come on record themselves and in the absence of the same, the suit does not abate and decree passed is a valid decree...........
Civil Procedure Code, 1908, Order 21, Rule 72 -- Execution - Granting permission to D.H. to give the bid - None came forward to give the bid as such Executing Court allowed D.H. to give the bid at the time of auction of the property - Order upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22, 23, 25, 27A, 53, 53A, 58 -- Export of drugs mentioned in Schedule `G' and `H' of the Drugs and Cosmetics Rules without a export license - Application for bail rejected by trial Court and High Court - Drugs and Cosmetics Act does not deal with exports - Provisions of Customs Act do - Licensees were thus..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Landlord carrying on business in H.P. - Wanted to shift his business to Sunam, his native town - During pendency of eviction petition father of landlord died and another shop fell vacant which was owned by landlord and other legal heirs - Landlord cannot be asked to shift his..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Shop - Landlord carrying on business in H.P. - Wanted to shift his business to Sunam, his native town - Need bonafide - Eviction granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Possession delivered in execution of decree - High Court in revision passed an interim order directing D.H. to redeliver possession to J.D. - As possession is delivered in execution of decree as such there is no question to pass interim mandatory injunction directing D.H. to redeliver..........
Evidence Act, 1872, Section 8 - - Murder - Motive - Recovery of Rs.4,701/- from body of deceased - There is no evidence to show that amount of money possessed by deceased before his death - Tenor of evidence of eye-witnesses `H' and `K' suggests that appellants were angry at deceased because of his having won entire stake money in gambling and that they were wanting to get..........
