Criminal Procedure Code, 1973, Section 437, 439, 167(2) -- Non filing of charge sheet within 90 days - Bail - Accused arrested u/s 15 of NDPS Act at Rajasthan - While under detention in relation to another case he was recorded as arrested in M.P. State in a similar case - Bail granted by Rajasthan Court - M.P. Court refused bail u/s 167(2) on ground he was not produced..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by firm `M/s Oswal Cotton Company' - Petitioner was former Managing Director of `M/s K.P.V.Yarns Limited' - Both the firms alleged to have business relations and cheque alleged to be issued by Oswal Company on behalf of K.P.V Yarns Limited - Section imposes a criminal liability of a person..........
Punjab Security of Land Tenures Act, 1953, Section 14A(i), 14A(ii) -- Payment of rent in pursuance of order made under Section 14 - A(ii) - Does not absolve tenant of liability to be ejected on application filed under Section 14 - A(i) read with Section 9(1)(ii) - Two distinct remedies under Section 14 - A available to landowner are : (1) under clause (i), and (2) under..........
Civil Procedure Code,, Section 9 -- Plea that in a case where question of jurisdiction is raised Court should not grant interim injunction - Not tenable in view of Supreme Court decision in Tayabbhai M. Bagasarwalla's case 1997 (3) SCC 443 - Court has jurisdiction to pass interim orders during pendency of proceedings - Mere objection to jurisdiction - Does not instantly..........
Criminal Procedure Code, 1973, Section 227, 228 -- Framing of charge under Section 304/419/34 - Petitioner holder of diploma in N.E.H.M. - Not authorized to administer allopathic medicines - Gave medicines/injections of Baralgan and Calmpose to the deceased - Held that from the acts of the petitioners the element of knowledge cannot be attributed to them - At the most the..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 4,5,7 -- Principles of res judicata - Not applicable - Proceedings summary in nature-Doctrine of res judicata as envisaged in Section 11 Civil Procedure Code has no application to summary proceedings unless statute expressly applies to such orders - Principles laid down in Jee Ram's case 1980 PLJ 103..........
Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act -- Amendment of Act to provide for constitution of Tribunal - High Court directed Government of Haryana to bring about suitable amendment in the Act to provide for constitution of a Tribunal to deal with and examine cases involving constructions made upto 28.4.1995 (date of decision in..........
Hindu Marriage Act, 1955, Section 19, 25, Family Courts Act, 1984, Section 7(1) -- Divorce decree passed - Maintenance petition filed subsequently - Jurisdiction - Suit may be filed in Court other than Court which passed decree of divorce, provided it is one of the Courts mentioned in Section 19 of Hindu Marriage Act - Wife, whose marriage is dissolved by decree of divorce..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Offence under section 15 of NDPS Act - Petitioner arrested on 04.07.1996 - Produced on 05.07.1996 and on that day was remanded to police custody - Challan presented on 03.10.1996 - The period of 90 days will end on 03.10.1996 on which date challan was presented - As per decision in the case of State of M.P. vs. Rustam..........
Specific Relief Act, Section 41(g) -- Denial of injunction on ground of acquiescence - Neither any plea based on Section 41 raised nor any evidence indicating acquiescence produced - Acquiescence is a question of fact - Ratio of Full Bench in M/s. Ram Gopal Banarsi Dass's case 1985 PLJ 591-Not applicable...........
