Punjab Land Revenue Act, 1887, Section 118 -- Partition of land - Amended mode - Revenue authorities failed to appreciate true factual aspect of the case in right perspective - Land allotted to co-sharers of all the 3/4 khewats at seven places each - This runs counter to the object of allotting land in a consolidated manner - Amended mode of partition has not been kept in..........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 447, 324 -- CrPC (as amended by Criminal Procedure Code, (Amendment Act, (25 of 2005)- Compounding of offence - Permissibility - Accused found guilty of committing offence punishable u/ss 447 and 324 IPC - Offence u/s 447 was compoundable whereas offence u/s 324 was compoundable before Code of..........
Northern India Canal and Drainage Act, 1873, Section 68 -- Wara bandi - Sanction of additional Nakkas - Mutual rights and liabilities of persons interested in watercourse - Distribution of water and settlement of differences - Order as to - Validity - Respondent No.3 had not conducted inquiry as envisaged u/s.68 of the Act, before passing impugned order - It seems that his..........
Transfer of Property Act, 1882, Section 106 -- Notice - Amended provision - In view of S.3 of the Amending Act provision of S.106 as amended are applicable to all notices in furtherance of which any suit or proceeding was pending at the commencement of the Amending Act...........
Criminal Procedure Code, 1973, Section 372 -- Appeal against acquittal - Held, amended proviso to S.372 Cr.P.C. is not applicable to cases where incident has taken place prior to amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Typographical error - Word `stated' sought to be amended with the word `denied' - Error is apparent when written statement is read as a whole - Proposed amendment rightly allowed - Cost enhanced to Rs.5,000/- as amendment was sought at the fag end of trial...........
Criminal Procedure Code, 1973, Section 202 -- Accused residing outside jurisdiction of Court - Court failed to carry out an enquiry or ordered investigation as contemplated under the amended section of 202 Cr.P.C. - Held, complaint not to be quashed - Complaint has to be remitted with a direction to Magistrate to pass fresh order following the provision of S.202 of the..........
Land Acquisition Act, 1894, Section 23(1A), 23(2), Civil Procedure Code, 1908, Section 151, 152 -- Land acquisition - Compensation - Award became final - Cannot be amended or altered seeking enhancement of statutory benefits under the amended provisions brought in by the Amendment Act in the Land Acquisition Act by filing petitions u/ss 151 and 152 CPC...........
Criminal Procedure Code, 1973, Section 167(2), Unlawful Activities (Prevention) Act, 1967, Section 16, 18 -- Crpc As amended by virtue of S.43D of the Unlawful Activities (Prevention) Act, 1967 - Period of 90 days stipulated for investigation - Court can extend it to 180 days - In the event charge sheet is not filed even within the extended period of 180 days, accused is..........
Civil Procedure Code, 1908, Order 21, Rule 72(As - - Execution - Auction - Participation by D.H. without permission of Court - As per O.21.R.72 CPC as amended by State of Uttar Pradesh there is no embargo upon a decree holder to participate in the auction...........
