Constitution of India, 1950, Article 22(5), General Clauses Act, 1897, Section 21, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3, 11 -- Preventive detention - Delay of 47 days in considering representation on ground that report of Central Advisory Board is awaited - Not justified - Complete inaction on part of Detaining..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Delay in lodging FIR - Prosecutrix was forcibly violated by her uncle-in-law - She rushed to local Panchayat office in self same night but was turned away on plea that member were busy in meeting - Next day, prosecutrix went to police station but no complaint was received, as she was..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of declaration of title and permanent injunction - Execution for restoration of possession as possession alleged to have been taken away by J.D. in violation of decree of permanent injunction - Failure of D.H. to prove that J.D. has willfully violated the said decree - Does not entail dismissal of..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Writ of Habeas Corpus is maintainable at the instance of prisoner if his fundamental rights are violated...........
Indian Penal Code, 1860, Section 376, 328, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Prosecutrix herself assisted accused and his family in planning for accused's marriage and had gone along with him to purchase Sherwani and Pagri for his marriage - Besides, prosecutrix was duly invited in marriage ceremony of accused and she had made willful gesture of..........
Criminal Procedure Code, 1973, Section 482, Punjab Apartment and Property Regulations, 1995, Section 36(1), 36(3) -- Quashing of FIR - Offence u/ss 36(1), 36(3) of PAPRA - Violation of Ss.3, 5, 6, 9 & 15 of PAPRA - Admittedly, land owners proposed to sell their land with stipulation in agreement that petitioners/proposed buyers can sell land either as a single plot or by..........
Service -- Termination from service - Reinstatement - Whether irrespective of qualifications which have statutorily been laid down under the rules for the post of Pump Operator of Municipal Council could be overlooked for reinstatement of workmen merely because provisions of S.25-F of Industrial Dispute Act stand violated - Held, no - Appointments even if made by an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 250 gms charas - Recovery effected from physical possession of accused - However, no offer of search before Magistrate or a Gazetted Officer was given to accused - Mandatory provision of S.50 of the Act violated - Accused acquitted...........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt - Order of Court - Disobeying of order - There is no doubt that IHFL and IVL have violated orders - Contemnors being active directors of IHFL and IVL are guilty of knowingly and willfully disobeying orders of Court - Contemners guilty of contempt of Court...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Commercial building - Direction upon Landlord to open lock of door of bathroom - Bathroom/Toilet facility amounts to a basic amenity, which landlord is obliged to provide and which he should do particularly in case of commercial Building where apparently no privacy of any family member stands..........
