Punjab State Election Commission Act, 1994, Section 76, 80 -- Election petition - Limitation - Election petition required to be filed within 45 days - Election petition barred by limitation - Section 80 of the Act provides that an election petition not complying with the provisions of Section 76 of the Act has to be dismissed...........
Indian Penal Code, 1860, Section 302, 325, 34 -- Three accused caused death by giving repeated lathi blows on the head of deceased - There was no previous enmity between the parties - Occurrence an offshoot of trifling issue, that too two days prior to the incident - Parties closely related to each other - Death as per medical evidence occurred due to cumulative fact of..........
Negotiable Instruments Act, 1881, Section 138 -- Presentation of cheque with the bank - Meaning of word `presentation' - It means presentation of cheque to the drawee bank - Deposit of cheque by the payee with its banker does not amount to presentation within the meaning of Section 138 of the Act - The payees bank only acts as an agent of the payee for the purpose of..........
Criminal Procedure Code, 1973, Section 95(1) -- Forfeiture of a publication - Declaration of forfeiture postulates compliance with twin essential conditions, viz. (i) the Government must form the opinion to the effect that such newspaper, book or document contains any matter, the publication of which is punishable u/ss 124-A or Section 153-A or Section 153-B or Section 292..........
Criminal Procedure Code, 1973, Section 96 -- Forfeiture of a publication - Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture is made u/s 95 of the Code can move the High Court for setting aside the declaration on the ground that it does not contain any such matter as is referred to in sub-section (1) of..........
Consumer Protection Act, 1986, Section 2(1)(d), Factories Act, 1948, Section 2(m) -- Consumer - Commercial purpose - Factory - Manufacturing process - Industrial plot - Applied for establishment of factory - A plain reading of provisions of Factories Act section 2(k) and 2(m) make it clear that the intention of the respondent - complainant is for from earning any..........
Civil Procedure Code, 1908, Order 22, Rule 9, Limitation Act, 1963, Section 5 -- L.R's - Impleading of L.R's - Non impleadment - Abatement - Setting aside abatement - S.5 Limitation Act applies to an application filed U.O.22.R.9 CPC - An application for setting aside abatement has to be treated at par and the principles enunciated for condonation of delay under Section 5..........
Indian Penal Code, 1860, Section 34 -- Common intention - Two or more accused should be present and two factors must be established i.e. common intention and participation of the accused in the crime - Provision of S.34 IPC involves vicarious liability and therefore, if intention is proved but no overt act is committed, the section can still be invoked...........
Consumer Protection Act, 1986, Section 2(1)(g), Evidence Act, 1872, Section 45 -- Insurance claim - Opinion by expert - Section 45 of the Evidence Act empowers the court, in order to form opinion upon a point of foreign law or of science or of art, or as to identity of handwriting or finger impressions, to rely upon the opinions of person specially skilled in such matters..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyors - Appointment of successive surveyors - The calculation by the Joint Surveyors of amount of loss suffered by the Respondent - Company on account of fire - Order of the National Commission excluding the report of 'J' the second Surveyor which was..........
