Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention order - Representation - Delay in disposal - There is no straight jacket formula - Depends upon facts of each case viz. volume and contents of the grounds of detention, the documents supplied along with the grounds, the inquiry to be made by the officers..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention order - Delay in execution of order - Order passed on 12th February and served on 12th March - Detenu evaded his arrest and absconded - Held, when a person himself evaded service of detention order, it was not open to him to contend that due to long delay..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Power of attorney - Evidence - Question as to whether evidence of power of attorney holder is useful for deciding issues in suit or not has to be decided by Court at time of disposal of suit not at stage of recording evidence - Merely because plaintiff gives power of attorney to her husband, relationship between them does..........
Pepsu Abolition of Ala Malikiyat Rights Act, 1954, Section 3 -- Vesting of full proprietory rights in Adna Malik - Maharaja of erstwhile Faridkot State was Ala Malik i.e. Superior proprietor - Father of plaintiff in possession was Adna Malik - Suit for declaration that rights of Ala Maliks abolished and Adna Maliks given proprietary rights as full fledged owners of the..........
Civil Procedure Code, 1908, Order 2, Rule 3 -- Cause of action - Misjoinder - Recovery of loan - Relief claimed against defendant Company and its Directors - No relief claimed against Insurance company with whom defendant's insurance claim was pending - Suit not bad for misjoinder of causes of action...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4, 5 -- Complaint - Accused alleged to have gone to the house of complainant who was a scheduled caste & abused him by calling by his caste in a derogatory manner - Entire occurrence took place within the bounded area of house of complainant and not in any place within public view - No..........
Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 9, Civil Procedure Code, 1908 -- Description of suit property - Plaint must disclose identity of property without ambiguity - Identification can be either by way of numbers of Revenue Records or Settlement or survey - Boundaries of property given in plaint not controverted or challenged..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 307, 452, 495A, 504, 506, 148, Dowry Prohibition Act, 1961, Section 3, 4 -- Application u/s 156(3) Cr.P.C. allowed and police directed to register and investigate the case u/ss 147, 148, 323, 504, 506, 307, 452, 495-A IPC and Ss.3/4 Dowry Prohibition Act - Revision against - Dowry demand not..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive Detention - Validity of - Order of detention served on detenu on 20.2.2006 - Grounds of detention served on 21.2.2006 alongwith list of documents - Material and relied upon documents served on detenu on 24.2.2006 - Detention order, void ab initio since the material..........
Constitution of India, 1950, Article 226, Land Acquisition Act, 1894, Section 4, 6, Works of Defence Act, 1903, Section 3, 7(b) -- Restriction regarding use and enjoyment of land - Colourable exercise of power -Land acquired for residential & commercial purpose - Challenged - Acquired land situated within vicinity of explosive are of Air Force Station - Notification u/s 3..........
