National Security Act, 1980, Section 3, 8 -- Detention order - Depriving detenue of right which emanates from provisions of S.8(1) of National Security Act of having representation being considered expeditiously and failure of Central and State governments to communicate rejection of representation in a time bound manner would vitiate order of detention...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, 27(a), 29 -- Anticipatory bail - Offence u/ss 25, 27(a), 29 NDPS Act - Admittedly, petitioner presently is a sitting MLA - Assembly election has been declared in State of Punjab, one week may be afforded to petitioner to avail his remedy and in meanwhile, he be..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Revisional jurisdiction of National Commission u/s 21(b) of the Act is extremely limited - It should be exercised only when it appears to National Commission that State Commission had exercised a jurisdiction not vested in it by law, or had failed to exercise jurisdiction so vested, or had acted in the exercise of..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - National Commission itself had exceeded its revisional jurisdiction by calling for report from Bank and solely relying upon such report had come to conclusion that two fora below had erred in not undertaking requisite in-depth appraisal of case that was required - However, both State Commission as well as consumer..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323 -- Quashing of order - Order to state substance of accusation u/s 323 IPC to accused - Offence u/s 323 IPC is not a warrant case - There was no need to frame formal charge against accused - As per provisions of S.251 Cr.P.C, only substance of accusation is to be stated to accused - Trial Court..........
Practice and procedure -- High Court cannot issue direction to State to form a new policy - Matter ought to be analyzed on its own merits in accordance with law...........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband in his evidence deposed about mental illness and imbalanced and irrational acts and behaviour of wife in the fit of illness - Wife however, denied this ground in toto - Even otherwise, if wife had been suffering from illness of schizophrenia, she would not have been able to do her..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Order rejecting application for withdrawal of prosecution - Writ petition - Maintainability - Accused has no authority or locus to challenge the order passed on an application preferred by State - Prima facie writ petition against order rejecting application for withdrawal of prosecution is not..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 32 -- Murder - Three dying declarations - Fitness certificate - Doctor had given the fitness certificate after examining the injured - Whether fitness certificate was written in the duty room or it was written in the ward itself, would not make much difference - More so, doctor and Naib Tehsildar are..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appellant had gone out of State for earning his livelihood and his brother also died after prolonged disease - He therefore, could not contact his counsel nor his counsel informed him about decreeing of suit in favour of plaintiff - Order dismissing application for condonation of delay set..........
