Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. empowering Court to take appropriate steps for proceeding against any person, not being an accused, at any time after charge sheet is filed and before pronouncement of judgment, except during stage of Ss.207/208 Cr.P.C., the committal etc., which is only a pre-trial stage intended..........
Excise -- Classification of goods known as Polyester Covered Yarn and Nylon Covered Yarn - Demand of differential duty - Classification proposed on principle of pre-dominance of textile material used - Assessing Authority also referred to tests reports from Man Made Textile Research Association (MANTRA) which also supported the version of Revenue - Tribunal has revisited..........
Indian Penal Code, 1860, Section 302, 149 -- Murder - Prior enmity between parties due to election of Sarpanch - Incident occurred during winter evening - 17 accused allegedly assaulted complainant party - Identification of 17 accused persons would be extremely difficult, as it was dark - Only independent witness turned hostile and two eye witnesses not examined by..........
Criminal Procedure Code, 1973, Section 203, 156(3), 2(d) -- Complaint - Dismissal against some of the accused - After dismissal of complaint u/s 203 Cr.P.C. Court cannot revert back to pre-cognizance stage to invoke power u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 203, 156(3), 2(d) -- Complaint - Dismissal against some of the accused - When Court exercises power u/s 203 Cr.P.C. there is the end of the matter - In such case, Court cannot revert back to pre-cognizance stage as against the remaining accused...........
Indian Contract Act, 1872, Section 14 -- Lack of free consent - When plea of lack of free consent is being resorted to by an executant of a document, it pre-supposes the admission of execution...........
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4(4), 22, 23 -- Maintenance - Requirement that children or relatives must be in line to inherit the property is mandated only in S.4(4) of the Act for issuing direction with regard to maintenance - No such pre-condition has to be satisfied for invoking jurisdiction either u/s 22 or S.23 of the Act...........
Punjab Civil Services Rules, Rule 6, 17(4) -- Apportionment of pensionary benefits - When son from pre-deceased first wife will attain the age of 25 years, his share will go to surviving widow - Hence, share of mother will also go to widow of deceased employee as apportionment of pensionary benefits of employee is not business of State and right of family pension will..........
Constitution of India, 1950, Article 226 -- Writ petition - Challenging result of electoral process - Allegations of mis-representation of facts in case of support of 21 MLAs in favour of BJP - Since the issue raised is sensitive - Therefore, directions are issued to perform all pre-requisites formalities to conduct floor test...........
Tender -- Plea that concrete paver was mentioned in the list of mandatory plant and equipment for pre-qualification stage so as to open financial bid - Held, not tenable...........
