Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Insurance claim - Repudiation - No evidence led by appellants to support the allegation that second insurance policy was taken out by the complainant concealing the fact with regard to the earlier policy - Nor they have been able to establish that the insurance had been taken later whereas the theft of the scooter had..........
Criminal Procedure Code, 1973, Section 439(2) -- Anticipatory bail - Cancellation - Appeal against dismissal of application - Granted by Sessions Judge - In Appeal High Court injuncted Directorate from arresting respondent and time and places for carrying out interrogations also fixed - Held, it is not the function of Court to monitor investigation processes so long as..........
Specific Relief Act, 1963, Section 6 -- Suit u/s 6 of the Act decreed by Single Judge of High Court exercising original jurisdiction - Appeal before Division Bench - Order is appealable invoking clause 15 of Letters patent...........
Punjab Co-operative Societies Act, Section 68 -- Interim stay during pendency of appeal - Up to Appellate Authority to grant interim stay, taking in view facts of the case, as it may deem fit - Plea that in view of decision of Supreme Court in Kirpal Singh's case AIR 1986 S. C. 300, Appellate Authority ought to have granted absolute stay of operation of impugned order till..........
Punjab Public Premises and Land (Eviction and Rent Recovery) Act, Section 9,4,5,7 -- Interlocutory order i.e. order not falling under three clauses : (1) order of eviction, or (2) order relating to recovery of damages, or (3) order under Section 7(2) , and also any other order not relating to these three basic reliefs - Not appealable under Section 9 - Order passed on..........
Criminal Law -- Appeal against conviction filed by the appellant before High Court - Revision filed by original informant and the brother of the accused against the acquittal of the appellant under 302 and against the acquittal of rest of the accused - High Court decided the Revision and ordered retrial - Appeal not decided - Held that the order passed by the High Court..........
Punjab Tenancy Act, Section 77(3) -- Suit against tenant-at-will for recovery of arrears of rent as well as for ejectment - Death of one of the plaintiffs-landlords during pendency of suit - Impleading of Legal Representatives of deceased-landlord - Suit as a whole does not abate - AIR 1952 Punjab 306 relates to appeal in a suit by occupancy tenant and as such not..........
Punjab Land Revenue Act, Section 34,35,36,37 -- Mutation of inheritance on the basis of Registered Will - Incorporated in latest Jamabandi - Civil Court set aside Registered Will - Appeal pending and judgment of lower Court stayed - Correct procedure to safeguard interest - Entry should be made by Halqa Patwari in Rapat Roznamcha relating to decree and stay along with..........
Punjab Land Revenue Act, Section 16,111,112,113,114,115,116,117,118,119,120,121 -- Challenge to partition on the ground that interest of minor co-sharer not safeguarded either by Court Guardian or by his brothers or his counsel - No instance quoted to show how minor's interest adversely affected - Objections against Naksha Bey neither raised before Commissioner nor before..........
Indian Penal Code, 1860, Section 307, 34 -- Appeal against conviction - F.I.R. - Delay in lodging - In such type of cases, the immediate concern of the near relations of the injured is to save his life rather than to rush to the police for report, particularly, so when the injury on the person was on a vital part of the body - Even otherwise on the face of the direct..........
