Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 5,6, Punjab Village Common Lands (Regulation) Rules, 1964 -- Punjab Village Common Lands Regulation Act, 1964, - Allotment of plots - Cancellation of - Houses not constructed on plots allotted within specified period - Allotment cancelled - Validity of - Held, allottees are weaker sections of..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), Constitution of India, 1950, Article 226 -- Question of fact - Writ jurisdiction - The fact as to whether the account of the petitioner's factory had become a no, performing asset or not - Held, is a question of fact which cannot be adjudicated in a writ..........
Negotiable Instruments Act, 1881, Section 138 -- Civil suit for recovery - Advancing loan against issuance of cheque - Plea of misuse of cheque - Complaint not lodged with the police as to misuse of cheque or in regard to the fact that demand was made to return the cheque and the same was not returned - Held, cheque was handed over after receipt of the loan amount...........
Negotiable Instruments Act, 1881, Section 138 -- Civil suit for recovery - Advancing loan against issuance of cheque - Non execution of pronote in addition to handing over the cheque - Parties were relatives and residing in opposite houses - Held, in the absence of pronote, apart from the cheque would not any way defeat the case...........
Negotiable Instruments Act, 1881, Section 138 -- Pendency of civil suit for recovery of amount - Not a bar for preferring a complaint as per S.138 of Negotiable Instruments Act and S.420 of Indian Penal Code...........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Unauthorized occupation - Petitioner has retired from service - Eviction from quarter - Validity - Held, once tenancy of petitioner has been terminated against which he did not take action due to order of eviction legally passed by competent authority, petitioner obviously would not..........
Indian Penal Code, 1860, Section 302 -- Gun shot injury - Non recovery of pistol, or cartridge - Absence of evidence regarding recovery of used pellets, blood stained clothes etc. - Not fatal to prosecution case when injuries tallied with medical evidence and there is acceptable clinching and direct evidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Sustainability - Link evidence missing - Deceased seen last not only with accused alone but another person was also present in same room - That person not examined by prosecution for reason best known to them - Child witness declared hostile - So-called extra-judicial confession, recovery of clothes of deceased..........
Criminal Procedure Code, 1973, Section 174 -- Panchnama - Evidentiary value - Panchnama recorded at the time of recovery of dead body and appellant has made discloser statement before such preparation of panchnama - Held, panchnama doesn't have any evidentiary value...........
Criminal Procedure Code, 1973, Section 174 -- Inquest report - Evidentiary value - Inquest report does not find signature of appellant - Held, only on ground of absence of signature of appellant on inquest report, well founded evidence of recovery of dead body at instance of appellant cannot be discarded...........
