Himachal Pradesh Urban Rent Control Act, 1987, Section 18 -- Eviction petition - Sanctioned/approved plan - There is no statutory requirement to have sanctioned/approved plan to seek eviction on ground of rebuilding and reconstruction as provided under the Act...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment of Commissioner for the second time for site inspection - If site Commissioner was not able to have full access for considering entire location of property, it cannot be inferred that successive Commissioner cannot be appointed...........
Mines and Minerals (Regulation and Development) Act, 1957, Section 4A -- Illegal mining - Termination of mining lease - Demarcation report and report of Mining Officer concludes that appellant not indulged in any illegal mining operations - There is no other material against appellant that he was engaged in illegal mining in the area adjacent to leased site - Relevant..........
Indian Penal Code, 1860, Section 304, 323, 452 -- Offence u/ss 304, 323, 452 IPC - Non-disclosure of source of light in FIR or in site plan, does not doubt prosecution case, particularly when accused was a neighbourer and the incident took place in the house of PW3...........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 148, 149 -- Framing of charge - Essential ingredient of presence of more than five persons, present at the site, is fulfilled as stated in FIR and parcha bayan - Framing of charges, justified...........
Insolvency and Bankruptcy Code, 2016, Section 9 -- Corporate Insolvency Resolution Process - Settlement plan regarding completion of housing project filed by appellant - Appellant agreed that cost of flat will not be escalated - He also gave the time line within which project would be completed - There are only 7 out of 452 home buyers who opposed settlement plan - It will..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Three Cheques dishonoured - Sale of site transaction - Once accused made part payment towards his discharge of liability and accused cannot deny remaining payment - Accused has failed to rebut presumption available in favour of complainant - Accused convicted - Acquittal set aside...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Common intention - Non-examination of two material witnesses - Scuffle between deceased and co-accused when they were sitting with accused and two persons - It was co-accused who stabbed deceased - Prosecution ought to examine these two persons who appears to be eye witnesses to incident - They were privy to conversation..........
Indian Penal Code, 1860, Section 302, 394, 411, 120B, 34 -- Murder - Testimony of sole eye witness - Time mentioned in the FIR and stated by PW1 has a remarkable difference and it is a major contradiction in the statement of alleged eye witness - Motive of crime has neither been alleged nor proved - Evidence of PW1 does not have a ring of truth - Source of light though..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Place of occurrence - Site plan was prepared in the absence of independent witness - Place of occurrence was already known to police - Hence, there is no fact discovered in consequence of information given u/s 27 of Evidence Act and site plan thus, cannot be read..........
