Indian Penal Code, 1860, Section 302, 34, 147 -- Prosecution case that accused came to prevent labourers from continuing transplantation operation - At spur of moment on account of certain lalkara being given by some of the accused persons, persons armed with weapons started assaulting the deceased - Convictions of 12 accused under Section 302/34 affirmed - Convictions of..........
Criminal Procedure Code, 1973, Section 468, 482 -- Petition for quashing - Limitation - FIR registered under section 7 read with section 10 of the Haryana Regulation of Urban Area Act on 29.12.1995 - Alleged sales on the ground of which FIR registered are between 11.06.1992 to 30.06.1992 - Held that the FIR registered on 27.12.1995 is beyond three years and in these..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 340 -- Dishonour of cheque - Accused producing receipt showing payment - Contention of complainant that receipt is forged - Enquiry by Court under Section 340 Cr.P.C. initiated - Proceedings under Section 138 cannot be stayed pending enquiry - Scope of both the proceedings is different...........
Constitution of India, 1950, Article 226, 227 -- Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction and sentence under section 25 of N.D.P.S. Act read with section 46 of B.S.F. Act - Bail - Section 32A of the N.D.P.S. Act does not impair the powers of the High Court in suspending sentence and granting bail - The petitioner has already remained in jail for..........
Criminal Procedure Code, 1973, Section 482 -- Constitution of India, 1950, Articles 226/227 - Quashing - The High Court while exercising the inherent powers under Section 482 of the Code of Criminal Procedure read with Articles 226/227 of the Constitution of India is not competent to quash the proceedings where the investigation is complete and the challan has been filed..........
Punjab Land Revenue Rules -- I9-C - Backward Class Lambardar - Commissioner in appeal reversed order of Collector and appointed respondent as Lambardar finding him a Middle pass, active member of Zila Sainik Board, having excellent character in the Army and also contributing to School of Handicapped every year - Financial Commissioner upheld appointment made by..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Confession of - Not indefeasible right - This right on account of the default of prosecution when it did not file the challan within the statutory period of 60/90 days - This right comes to an end with the filing of challan - If the accused has got bail before the filing of the challan his bail can be cancelled only..........
Punjab Land Records Manual -- Para 7.29 - Correction in record of rights by `Farad Badar' - Revenue Officers have no jurisdiction - Only Civil Court has jurisdiction to order correction - Punjab Land Revenue Act, Section 45...........
Limitation, Article 58,113 -- Plaintiff seeking declaration of title in property and defendant denying plaintiff's title - Suit under Section 34 Specific Relief Act - There can be no right to sue until there is accrual of right asserted in the suit and its infringement or at least a clear and unequivocal threat to infringe that right, by defendant against whom suit is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Appeal against conviction - Mandatory provisions of Section 50 of the Act not complied with - Link evidence held to connect the accused with the alleged recovery held to be missing - No independent witnesses joined despite the secret information available with the police about the accused having opium in..........
