Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 498-A, 406 IPC - Allegations and counter allegations - No final opinion can be expressed on the correctness of allegations and counter allegations - Sending the petitioners to jail at this stage may result in reaching to a point of no return - Still..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3, 4, 5, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 -- Jumla Mustarka Malkan - Management and control vesting in Gram Panchayat - Eviction of unauthorized occupant - Applicability of "Common Lands Act" - Held, "Eviction Act" has been enacted after the "Common Lands Act" - It..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - Death of tenant - After death of tenant the tenancy devolves upon legal representatives as joint tenants and not as tenants-in-common - Eviction petition filed against one or other legal representatives of deceased tenant who is in occupation of the premises is a valid petition...........
Transfer of Property Act, 1882, Section 105, 106, Civil Procedure Code, 1908, Section 11, 100 -- Eviction suit - Failure to challenge decree - Finality of - Appellant on one hand and respondent on other hand filed two separate suits in respect of same property - Suits were tried together and a common judgment was rendered decreeing suit filed by respondent and dismissing..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A, Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(6) -- Land recorded as Jumla Mustarka Malkan during consolidation and not reserved or utilized for any common purposes - Held, such land does not vest in Panchayat and is owned by private persons, who are the..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Unauthorized use and occupation of land - Damages - Commissioner held that petitioner is liable to pay damages to Gram Panchayat for unauthorized use and occupation of land from the date, petitioner has been declared unauthorized occupant of the land by competent Court - Held, court had rightly directed..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13A -- Suit for title - Power to order damages as part of restitution - Cannot be disputed - Otherwise, there can never be restitution - Unscrupulous litigants cannot drive benefit of technicalities of law by agitating the matter time and again...........
Civil Procedure Code, 1908, Order 21, Rule 84,85 -- Interpretation of statute - Factors to be taken into consideration - Held, a statute must be read reasonably - It must be construed having regard to its legislative intent - It has to be meaningful - It must fulfill the object and purport of the legislative intent - It is also a well settled principle of law that common..........
Consumer Protection Act, 1986, Section 13(4), 13(5), Delhi Rent Control Act, 1958, Section 36 -- Power of District Forum and Rent Controller - Except for provision of Section 13(iv) all other powers vested with the District Forum under the Consumer Protection Act and of the Controller under DRCA are common - Both the enactments are special enactments and operate for the..........
Electricity Act, 2003, Section 126,135 -- are distinct and different provisions which operate in different fields and have no common premise in law - Provisions of ,Ss. 126 and 135 - S.126 of the Act deals with cases of unauthorised use, even in absence of intention e.g. where a consumer has used excessive load as against the installed load whereas S.135 of the Act is..........
