Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982, Section 3, Constitution of India, 1950, Article 22, Slum Grabbers and Video Pirates Act, 1982, Section 3 - - Preventive detention - Validity - Translated version of vital documents relied upon by..........
Criminal Procedure Code, 1973, Section 190, 482 -- Cognizance of offence - Quashing of order - Subsequent disclosure indicates that petitioners were participants in incident occurred and they have been implicated as parties and being absconders, N.B.Ws have been issued for their appearance by taking cognizance - Validity - Held, Magistrate is not bound by police document..........
Indian Penal Code, 1860, Section 302, 34, 342 -- Murder - Conviction - Validity - No delay in making complaint - Same was duly registered by police - Specific reference of involvement and role of appellants in complaint supported by evidence of eye witnesses PWs.2 and 3 - No reason to discard evidence of PWs.2 and 3 - Variations in statements of PWs.2 & 3 and PW.10 (IO)..........
Jammu and Kashmir Public Safety Act, 1978, Section 8, 13, Constitution of India, 1950, Article 22(5) -- Detention order - Validity - None of the documents referred to in detention order was ever supplied to detenu - Held, if detenu is not supplied material, on which detention order is based, he cannot be in a position to make an effective representation against his..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Summoning Order - Quashing of complaint - Averments in complaint prima facie reveal that offence u/s 138 of the Act is made out against each and every person including the petitioners - Petitioners had submitted their resignations after..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Conviction - Validity - Complainant supplied some spare parts of motor vehicles to accused firm - Cheque issued by co-accused got dishonoured for want of appropriate funds in account - Notice was given in name of firm which was received by applicant and he was the Manager - Held, when it is..........
Civil Procedure Code, 1908, Section 92, Order 22, Rule 3 -- Substitution application - Dismissal of - Validity - Suit by trust and its trustee - Trustee, who was prosecuting suit, died during pendency of suit - Legal representatives of deceased trustee were not trustees in same trust - Held, they cannot be substituted in place of deceased trustee...........
Agreement to sell -- Validity - Agreement to sell executed in favour of President, Judicial Club - Even though Judicial Club is not a registered entity and not a living person within the purview of S.5 of T.P. Act, but where an agreement of sale is executed in favour of President of the club who is a living person and entitled to purchase the property and when it is..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 7, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 20A -- Ejectment proceeding - Extension of lease by Collector - Validity - Held, Collector has no jurisdiction, while deciding an application filed u/s.7 of the Act for ejectment, to extend lease period without any resolution passed by Gram Panchayat in..........
Indian Penal Code, 1860, Section 304A, Goa Children's Act, 2003, Section 8, 34 -- Return of charge-sheet for presentation before Children's Court - Validity - Charge-sheet shows that victim was serving in factory of which petitioner was Factory Manager - Accident occurred in which victim suffered injuries which led to her death - Charge-sheet does not show that act..........
