Motor Vehicles Act, 1939, Section 92A -- Sale of motor vehicle - Sale is governed by Sale of Goods Act and not by Motor Vehicles Act - Section 31 of Motor Vehicles Act, 1939 casts an obligation on the transferee to report to the registering authority concerned regarding the transfer of the vehicle alongwith certificate of registration and then get the registration..........
Will -- Validity of - Will consists of four pages, first page bears alleged signatures of executant as also his thumb - impression, other three pages bear only thumb - impression - Alleged signatures on first page a mere scrawl - Indicates not only physical but perhaps mental incapacity of testator - Thumb - impression on last page does not indicate that it was so placed..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Section 18 Criminal Procedure Code 1973 - Section 313 - Appeal against conviction - Affidavit - Link Evidence - Contents of two affidavits of Constables tendered by prosecution, not put to the accused, when examined under Section 313 of Criminal Procedure Code - Accused convicted and sentenced - Held that this..........
Criminal Procedure Code, 1973, Section 203, 210, 398, 401 -- Complaint under Sections 148/149/452/323/325/307/506 IPC - Complaint - Dismissed by Ld.Judicial Magistrate - Additional Session Judge without giving notice to the accused allowed revision - Plea of the petitioner that revision petition could not have allowed without giving notice to him - Held that the accused..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation of inheritance of deceased woman-Property inherited by woman from her father-After death of woman property to devolve upon her heirs, sons and daughters of the woman as provided under Section 15(2)(a) Hindu Succession Act-Husband of deceased woman not to get any share out of the property left behind by his..........
Wakf Act, Section 15, 66H -- Wakf Board entitled to maintain action for possession by virtue of authority conferred by Section 15(1) read with Section 15(2)(i)-Section 66-H as incorporated by Amendment Act 1984-Retrospective in operation-Prithipal Singh's case 1977 PLJ 271 and Full Bench decision in Bachan Chand's case 1984 PLJ 142 FB Over-Ruled by Supreme Court in Punjab..........
Criminal Procedure Code, 1973, Section 360, 401 -- Penal Code, 1860, Section 382 - Conviction - Revision against - The petitioner arrested after four months of incident - Was found to be in possession of stolen property with the knowledge that same was stolen - Held that both the Courts below fell in error in appreciating the evidence available on the record and the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Indian Post Office Act, 1898, S.6 - Parcel sent by the complainant mishandled in the transit - Claim for compensation - Held that the postal department is certainly entitled to exemption under section 6 of the Indian Post Offices Act, unless fraud or negligence to an individual employee is proved - There being no..........
Telephone -- Bill - Appellant made payment - Respondent alleging payment not made - Held, this is a question of fact - Appellant may seek adjudication of dispute under arbitration under Section 11A Telegraph Act - Stay continues...........
Punjab Town Improvement Act, Section 36, 38, 42 -- Public purpose not mentioned in notification-Notification under Section 36 indicates existence of map and detailed Scheme for inspection of persons interested-Scheme annexed to declaration under Section 42 - Cannot be said that Scheme itself is vague and liable to be quashed as notification not disclosed public purpose-A...........
