Punjab Co-operative Societies Act, 1961, Section 63, 55 -- Recovery of amount due under Award as arrears of land revenue - Arrest and detention of person - Plea that resort could not be made to coercive methods including arrest of petitioner unless other remedies exhausted - Not tenable as list of properties given by petitioner does not show any immovable property which..........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), Criminal Procedure Code, 1973, Section 167(5) -- As amended by Section 4 of West Bengal Act 24 of 1988 - Non completion of investigation within prescribed time of 2 years - Discharge - Time to commence either 'from the date of arrest of the accused or the date when he made his appearance in Court' - Means only..........
Civil Procedure Code -- Bar of jurisdiction of Civil Court as preliminary issue - From title of suit itself it appears that suit pertains to provisions of Northern India Canal and Drainage Act - To decide whether suit is maintainable in Civil Court or not - No evidence is required - Order passed under Section 68(7) Northern India Canal and Drainage Act - Cannot be called..........
Juvenile Justice Act, 1986, Section 2(h), 24, Criminal Procedure Code, 1973, Section 401 -- Contention of the petitioner before Addl. Sessions Judge that on the date of committing of alleged offence on 02.07.1993 he was below 16 - Should not have been charged and tried with other accused under section in view of provisions of Section 24 of the Act - On the basis of school..........
Criminal Procedure Code, 1973, Section 203 -- Second complaint - The order of dismissal under Section 203 of the Code is not bar to the entertainment of a second complaint on the same facts - It will be entertained only in exceptional circumstances stated...........
Criminal Procedure Code, 1973, Section 249, 320, Indian Penal Code, 1860, Section 468, 471, 474, 467 -- Complaint - Dismissal for non-prosecution - Offences non-compoundable - Learned Magistrate could not act under section 249 of the Code and dismissed the complaint for want of prosecution and in the absence of the complainant...........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge under Section 304/419/34 - Petitioner holder of diploma in N.E.H.M. - Not authorized to administer allopathic medicines - Gave medicines/injections of Baralgan and Calmpose to the deceased - Held that from the acts of the petitioners the element of knowledge cannot be attributed to them - At the most the..........
Criminal Procedure Code, 1973, Section 401 -- Framing of charge - Charge framed under Section 326/324/34, 450 IPC - Held that the offence falling within the mischief of Section 326 IPC is not punishable with imprisonment for life exclusively - Offence falling within the mischief of Section 326 Indian Penal Code is punishable with imprisonment for a term upto 10 years but..........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - Complaint filed by respondent Company under Section 138 of the Act without the signatures of authorized signatories - Application by petitioner for dismissal of complaint dismissed by the trial court - Held that the requirement of law is that there should be a complaint in writing which was very much there before..........
Constitution of India, 1950, Article 226 -- Alternative remedy of election petition - Challenge to election of a person as member of Board of Directors of Central Co-operative Bank on the ground that member related to employee of Bank - Remedy of election dispute under Section 102 Haryana Co-operative Societies Act, available - Without resorting to remedy of election..........
