Punjab Agriculture Produce Markets (General) Rules, 1962, Rule 29 -- Exemption under R.29 of Rules - Is available only on the subsequent sale if it is established that the market fee and rural development fund has already been paid or deposited at any previous stage...........
Punjab Agriculture Produce Markets (General) Rules, 1962, Rule 29 -- Market fee - Assessment order - Exemption under R.29 of Rules - In the instant case, Courts below have set aside the order of assessment passed by Market Committee on the ground that it has no jurisdiction to pass assessment order with regard to purchase made by plaintiff - However, Courts below have not..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence compounded - Conviction set aside - Accused acquitted - Prayer for exemption to pay 15% compounding fee as accused is required to expend huge sums of money towards his kidney ailment - Prayer accepted - Penalty reduced from 15% to 7% - Directions issued...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 1 kg 750 gms opium - Search and seizure - Non-examination of ASP in whose presence search and recovery was effected - ASP summoned number of times but either service was not effected or as and when he was served, he sent a request for exemption from personal attendance stating valid reasons -..........
Civil Procedure Code, 1908, Order 7, Rule 6, Limitation Act, 1963, Section 19 -- Exemption from limitation - Pleading - Court may permit plaintiff to claim exemption from limitation on any ground not set out in plaint, if such ground is not inconsistent with the grounds set out in plaint - In the instant case, Proviso to O.7.R.6 CPC cannot come to rescue of plaintiff as..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Accused is required to appear before trial Court on every Friday and he as such is appearing before Court since 2013 - Nothing on record that at any point of time accused tried to delay trial - Accused is represented through his counsel - He was permanent resident of Delhi and he is director..........
Central Excise Rules, 1944, Rule 8 -- Exemption from duty in special cases - Levy of education cess, Higher Education cess and NCCD - In absence of notification containing an exemption to such additional duties in the nature of education cess and secondary and higher education cess, they cannot be said to have been exempted - When a particular kind of duty is exempted,..........
Criminal Procedure Code, 1973, Section 256 -- Non-appearance of complainant - Order of acquittal of accused - Complainant remained absent on many dates - Matter was listed on 14 occasions before trial Court - Complainant was absent on 5 occasions, which is quite a large number almost 36% in 14 dates - Only excuse given by complainant is that his advocate advised him not to..........
Indian Contract Act, 1872, Section 40 -- Contract - Person by whom promise is to be performed - Promisor `may employ a competent person', or assign the contract to a third party as the case may be, to perform the promise only if the parties did not intend that the promisor himself must perform it - In a case where contract is of personal nature, the promisor must..........
Consumer Protection Act, 1986, Section 12 -- Theft/loss of vehicle given for valet parking to hotel employee - Liability of Hotel - Where theft of car of complainant was a result of negligence of hotel, exemption clause on parking tag will not exclude appellant's (Hotel) liability...........