Punjab Excise Act, 1914, Section 30, Constitution of India, 1950, Article 19(1)(g), 14, 15 -- Prohibiting employment of 'any man under the age of 25 years' or 'any woman' in any part of such premises in which liquor or intoxicating drug is consumed by the public - Held, S.30 of the Act is ultra vires Article 19(1)(g), 14 & 15 of Constitution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery from a room in a hotel - Hotel is a public place but not the room in a hotel occupied by a guest - Provision of S.42 of the Act is required to be complied with - Acquittal upheld as provision of S.42 of the Act not complied with...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Search and seizure in a public place or a moving vehicle - Provision appended in sub-section (1) of S.42 is not attracted - In such a case even sub-section 2 of S.42 need not be complied with...........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Consent for - Duty of Court - Held, when an application u/s 321, Cr.P.C. is made, it is not necessary for Court to assess evidence to discover whether the case would end in conviction or acquittal - All that Court has to see is whether the application is made in good faith, in the interest of public..........
Specific Relief Act, 1963, Section 38, 39 -- Public pathway - Illegal encroachment - House of plaintiff abutting on public pathway - Plaintiff is entitled to make use the pathway which is in front of his house - Plaintiff being the aggrieved person is entitled to seek mandatory injunction...........
Evidence Act, 1872, Section 35 -- Public document - As per S.35 of Evidence Act, entries in school admission registers with regard to age, caste etc., should always be considered as relevant and admissible...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Representative suit - Service on defendants made party to the suit - Public notice of suit given informing about representative nature of the claim - Does not mean that there is no requirement of service of summons on the defendants made party to the suit - Service on defendants not proved to..........
Indian Penal Code, 1860, Section 409, 467, 471 -- Criminal breach of trust by public servant & forgery - For the offence u/ss 409, 467 and 471, the existence of mens rea (guilty mind) must be proved...........
Indian Penal Code, 1860, Section 409 -- Criminal breach of trust by public servant - For an offence u/s 409 it must be proved that the person entrusted with the property, or any dominion over property in his capacity as a public servant committed criminal breach of trust in respect of such property as defined in S.405, IPC - Evidence must show that he dishonestly..........
Compensation -- Public services - Deficiency in service - No objection certificate - For transfer of Shop - cum - Flat by gift deed - Delay of 11 months in issuance - In the mean time Stamp duty and registration fee enhanced on gift deeds - Appellant had to incur an extra expenses to the tune of Rs. 1,61,210/ - as difference in the rate of stamp duty and registration fee..........
