Constitution of India, 1950, Article 226, 227, 243O, 243ZG(b), 329(b) -- Question as to correctness of opinion of Full Bench in Lal Chand's case 1998 (1) PLJ 577 - Challenge to Municipal Elections - Judicial Review - Jurisdiction of High Courts. Held - Provisions of Art. 243ZG(b) of the Constitution of India cannot be read down or held to be ultra virsus of the provisions..........
Consumer Protection Act, 1986, Section 2(1),(g) -- Haryana Urban Development (Disposal of Land and Buildings) Regulation, 1978, Regulation 5(5) - Housing - Plot allotment - Deemed cancellation of allotment - Respondent required to deposit 15% of the total sale price as demanded in clause 5 of the allotment within 30 days which it failed - Plea that he could not deposit the..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Negotiable Instruments Act, 1881, Section 14,48, Uniform Customs and Practice for Documentary Credits, 1993, Article 2,10,13,14 -- Letter of credit - Dishonoured of by HSBC which issued the LC - Complainant not proceeding against the HSBC Bank - Complainant not taking any action against the consignee which had..........
Succession Act, 1925, Section 63, Evidence Act, 1872, Section 68 -- Will - Execution of - Proof - Suspicious circumstances - Proof of attestation of Will is a mandatory requirement - Mode and manner of proof of due execution will depend upon the facts and circumstances of each case - It is for the propounder of the Will to remove the suspicious circumstances - No evidence..........
Indian Penal Code, 1860, Section 376 -- Rape - Clear and clinching medical evidence of rape - No delay in lodging FIR - Statement of victim as to her rape satisfactory and she did not budge an inch in her cross examination - No reason to disbelieve testimony of victim which finds full corroboration from medical evidence - Conviction upheld - Sentence of life imprisonment..........
Service -- Dismissal from service - Criminal breach of trust - Labour Court allowing reinstatement with full back wages - High Court in writ petition directing reinstatement with stoppage of two increments and holding employee to be disentitled to back wages - No conclusion by High Court that quantum of punishment is disproportionate to the gravity of misconduct - High..........
Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15 -- Confession - Certificate - It is necessary for the police officer to certify that he has explained to the accused that the accused is not bound to make a confession and if he does so such confession may be used as evidence against him - It is further required to be recorded that he believes that the..........
Industrial Disputes Act, 1947, Section 2A,10(1),(c) -- Termination - Compensation in lieu of reinstatement - Dismissal order passed in 1992 and reference made in the year 1994 - Since the enquiry was allegedly not conducted in fair and proper manner opportunity was granted to the management to adduce evidence - However order of the High Court for payment of subsistence..........
Insurance claim -- Discharge voucher - Full and final settlement - Protest lodged after 20 days - Loss was paid as full and final settlement relying upon the report of Surveyor and payment was not open to challenge...........
Consumer Protection Act, 1986, Section 2(1),(g), Motor Vehicles Act, 1988, Section 15(1) -- Driving licence - Non-renewal of - The complainant had full knowledge that he had no licence to drive the vehicle at the time of the accident - For that reason the complainant committed breach of the terms of the insurance policy and for the reason, the complainant is not entitled..........
