Service -- Family pension - Entitlement - If there is only one legal heir who is eligible for grant of family pension, he/she will be entitled for full 100% family pension and no portion of the same can be retained by Government by taking shelter behind R.6.17(4) Note 1 & 2 of Punjab Civil Services Rules Vol.II...........
Legal construction -- Demolition by municipal authorities - Reconstruction - Court has to come to a finding that structure was constructed legally and to has to come to a clear cut finding as to dimensions of structure, what area it was covering and which part of the plot it was covering - Court allowing reconstruction must clearly indicate the structure it has permitted..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Mere statement recorded by police during interrogation, by virtue of which present accused has been netted in crime of murder, is not enough and is having no legal significance - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 448, 380 -- Quashing of proceedings - Offence u/ss 448, 380 IPC - Issues raised reflect a civil dispute with regard to inheritance amongst legal heirs - Civil proceedings in that regard are already instituted by various parties including complainant - Even otherwise, entire allegations with regard..........
Civil Procedure Code, 1908, Section 47, Partnership Act, 1932, Section 42(c) -- Execution - Objections - Partnership firm - Two partners - One partner obtained a decree against the other partner - Death of both the partners - Decree obtained by one partner against the other is not executable decree as on death of a partner, partnership stands dissolved by operation of law..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 13 -- Eviction petition - Alternative accommodation - Original tenants secured alternative accommodation in 1975 and despite that company allowed him to be continue in tenanted premises - Thereafter, his legal representatives too continued - But that cannot be a disabling factor for owner to press..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Accused admits that cheque has bounced on account of not sufficient funds in his bank account - However, accused not given any reply to legal notice - Defence of accused that on very same day he went and told complainant that he has not issued such notice cannot be accepted - Accused cannot..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of assignee - Original plaintiff assigned his rights and interest in land in favour of assignee - Assignee thus, had a vital interest in the suit and had a right to continue suit - Issue whether original plaintiff had authorized respondent No.3 to sell land and..........
Criminal trial -- Inconsistency between dying declaration, medico-legal report and post mortem report - Cross examination of doctor exposits contradictions as to whether injury in question was sufficient to cause death in normal course of nature - Benefit of doubt of ambiguity and contradictions must go to appellant...........
Sale of Goods Act, 1930, Section 2(n) -- Liability to tax - Question is supply of the various preparations by each club to its members involved a transaction of sale within the meaning of the Act - As per S.2(n) of the Act, if there is no transfer of property from one to another there is no sale which would be eligible to tax - If the club even though a distinct legal..........
