Constitution of India, 1950, Article 226227 -- Criminal Procedure Code, 1973 Section 482 - Remission - Benefit of remission in sentence refused on the ground that the petitioner surrendered himself before the Court late by one month and six days - Held that since no notice was issued to the petitioner and he himself surrendered in the Court and was sent to jail, as such,..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings under Section 145 - Petition for quashing - When a Civil litigation is pending for the property wherein the question of possession is involved and adjudicated, initiation of Criminal Proceedings under Section 145 Cr.P.C would not be justified. (Pare 14)..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against conviction - the accused in a drunken condition - Coming to the place of deceased - Infuriated due the barking of dog of the deceased and started hurling abuses to the deceased - In a fit of rage causing one blow to the deceased with Gatra Kirpan which he was already having - Held that it is clearly proved..........
Indian Penal Code, 1860, Section 376, 506 - - Appeal against conviction - Rape - In order to constitute the offence of rape penetration of male organ in the vulva of the vagina of the prosecutrix is a condition sine qua non. In view of the definition of rape contained in Section 375 of Indian Penal Code there is hardly any need to refer to the foreign law on the subject...........
Insecticides Act, 1968, Section 24 -- Report of Insecticide Analyst - Under provisions of Section 24 there are two rights available with the concerned person. He may request after notice for the second sample to be tested or may request the Court of the second sample to be sent for reanalysis to the Central Insecticide Laboratory. The second option can be exercised after..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26, 11 -- Suit in Civil Court challenging order passed by Collector declaring the area surplus and also order of allotment made in favour of eligible persons-Surplus area order attained finality as appeal thereagainst dismissed and same not challenged further in revision or writ petition-Jurisdiction of Civil..........
Transfer of Property Act, 1882, Section 41 -- Title of vendor - When vendor has only partial interest in the property and disposed of property greater than what he really has - Vendee is to establish and prove that he took reasonable care and made full enquiry about the title of the property purchased - Mutation entry in the name of the vendor does not dispense with duty..........
Punjab Co-operative Societies Act, Section 55, 56 -- Dispute raised by private party which entered into agreement with Co-operative Bank-Such dispute not covered by Section 55-Assistant Registrar cannot decide such dispute under Section 55...........
Punjab Co-operative Societies Act, Section 55, 56, 2(j) -- Agree-ment between private party and Co-operative Bank provides that dispute between the parties will be referred to Registrar Co-operative Societies Haryana for arbitration-Dispute outside the purview of the Act-Arbitrator named alone has power to decide the dispute-Assistant Registrar (not discharging or..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Application under Section 42 for carving out Khal from tube - well to supply water to the fields - Not maintainable - Additional Director Consolidation has no jurisdiction to provide water course in exercise of powers under Section 42 - Authorities under the Act have no power to..........
