Indian Penal Code, 1860, Section 149 -- To hold a person vicariously liable under Section 149 I.P.C. for a particular offence committed by an unlawful assembly it has to be conclusively proved that he was a member of the unlawful assembly at the time of commission of that offence - If the person arraigned ceases to be a member of the unlawful assembly before commission of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for declaration to be owner in possession with consequential relief of permanent injunction restraining defendant - Bank from selling property for realisation of debt claiming to have been cultivating suit land as tenant - at - will under erstwhile owners, purchased tenancy land under Section 18 Punjab Security of..........
Partnership Act, 1932, Section 69 -- The language of section 69(1) and (2) does not in any manner warrant the compulsory filing of the certificate of registration of firm at the time of filing of the suit nor is there anything to suggest that the certificate of registration of firm should be filed at the time of filing of suit and the same cannot be filed later on...........
Stamp Act, 1899, Section 47A(4) -- Scope - (1) While exercising power under sub-section (4) of S.47-A the Collector can determine the marker value of the property and the duty payable on the instrument as a result of such determination but he has no power to impose penalty; (2) The period of limitation of four years in sub-section (4) to S.47-A applies to the action which..........
Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 - Bail - Alleged recovery of Charas weighing about 450 grams - Search allegedly carried out in the presence of DSP - No independent witness joined - Submission that there has not been strict compliance of provisions of Section 50 of the 1985 Act - Held that..........
Punjab Apartment and Property Regulations, 1995, Section 2(1),5(2) -- Power to grant licence - Vests with person appointed as competent authority under Section 2(1) - Inquiry envisaged by Section 5(2) - Has to be made by competent authority - No person or authority other than one who is appointed by State Government by notification in Official Gazette as competent..........
Constitution of India, 1950, Article 226,14 -- Challenge to notification being vitiated due to mala fide exercise of power - Notification legislative in character - Exercise of power by Government cannot be invalidated on ground of mala fides or arbitrariness - Punjab Apartment and Property Regulation Act, Section 2(1) ...........
Indian Penal Code, 1860, Section 302, 34 -- Juvenile Justice Act, 1968, Section 2(h) - Revision petition - Respondent held to be a Juvenile Offender and ordered to be tried separately by the Court under Juvenile Justice Act - During the period of investigation and till the statement under Section 313 Cr.P.C. were recorded, the respondent never indicated that he was known..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397 -- Dishonour of cheque - Question raised is whether notice of demand for payment issued by payee, is time barred or not - Held, it is a question of fact which has to be decided by trial Magistrate - Bar against revision under Section 397 cannot be defeated by invoking inherent..........
Punjab Co-operative Societies Act, Section 26(2A),26(2)(a) -- Effect of appointment of a Chairman or a Managing Director by Government in exercise of powers under Section 26(2) (a) - Any person holding such office, Chairman or Managing Director (as the case may be) - Ceases to hold office immediately on such appointment - Plea that as Chairman elected for a period of five..........
