Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Detention - Detenue engaged in utilizing tampered, fictitious, no, existent licenses/script - Allegedly, detenue fraudulently entered wrong details in Customs EDI System after gaining access to system - However, as per statement of proprietor of CHA firm, details were not..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - When decree is silent as to reckoning date of conversion of foreign currency into Indian rupees, it would first take place in accordance with contractual provision and thereafter if such explicit determination is not..........
Consumer Protection Act, 1986, Section 25, 27 -- Execution of award - Insurance contract - Export of goods from India through shipment - Rate of exchange - There is specific clause in the agreement executed between parties i.e clause 17 which deals with rate of exchange - Insurer was required to pay insurance claim in accordance with said Clause which says that currency..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident occurred due to sudden verbal quarrel and evidently there was no pre-mediated plan to attack deceased - In view of civil disputes already pending between parties, a minor verbal exchange bloated into a sudden attack - Two simple injuries inflicted upon scalp of deceased, and one such injury..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Incident took place near tubewell where both the parties assembled to settle land dispute - Both the parties were unarmed - There was exchange of words between parties, as a result accused went inside the room and brought an axe and caused head injuries to deceased - No evidence on record as to who..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Barred by limitation - As per plaintiff exchange effected by co-sharer behind plaintiffs back - However, revenue entries in jamabandi brought on record shows that mutation was effected long time back in year 1958 in joint khewat - Even, fact of exchange was well in knowledge of all parties..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1)(ii) -- Order of detention - cannot be set aside on ground that period of detention was not provided...........
Registration Act, 1908, Section 17 -- Registration - Agreement acknowledging a mistake in oral exchange is not required to be compulsorily registered, as such document cannot be considered as a document of title transferring immovable property for more than Rs.100/-...........
Transfer of Property Act, 1882, Section 118 -- Exchange - Oral exchange relating to immovable property is permissible in State of Punjab, as relevant provision not extended to State of Punjab...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 19, 20 -- Maintenance - Live-i, relationship - Applicant and respondent held themselves to world as husband and wife for a period of approximately 15 years - They shared common household - It was never the case of applicant that she was married to respondent/husband - There was economic exchange between them..........
