Indian Penal Code, 1860, Section 326, 452, 34 -- Offence u/ss 326, 452, 34 IPC - Quantum of sentence - Accused entered the house of complainant attacked others present with axe and with sticks - Four people including complainant were injured - Main allegation against accused is that they used an axe to attack victim - In the scuffle, accused were also injured profusely -..........
West Bengal Premises Tenancy Act, 1997, Section 7(2), Limitation Act, 1963, Section 5 -- Eviction - Non-deposit of arrears of rent - Protection against eviction - Deposit of rent along with an application for determination of dispute is a pre-condition to avoid eviction on ground of no, payment of arrears of rent, as provisions of S.7(2) of the Act are mandatory and..........
Evidence Act, 1872, Section 63C, 65 -- Secondary evidence - Photostate copy of original documents - Original documents proved to be lost - Requirement of S.65-C of the Act is fulfilled - Applicant directed to file photostate copy of original documents as secondary evidence subject to payment of Rs.1000 as cost...........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Application for recalling of warrant of possession was dismissed - Non payment of rent - Advance payment of rent has been made which apparently has been accepted - There does not seem to be any malafide intention in depositing rent - Order of dismissal set aside - Application allowed...........
Civil Procedure Code, 1908, Section 35B -- Costs - Non-payment - If party does not pay costs on adjourned day, only course available to Court is to disallow prosecution of case or defence as the case may be...........
Service -- Recovery of excess payment - After refixing of salary after retirement - Cannot be ordered from retired employee or from employee who is nearing his retirement...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 bags of poppy husk - Recovery effected from vehicle which was being driven by accused with other accused accompanying him - Presence of accused persons and possession of contraband material therefore, stood completely established - Order of conviction passed by trial Court held, restored -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - Cheque dishonoured due to `insufficient funds' - Categorical admission that cheque given by accused when presented for payment was returned with endorsement `insufficient funds' - Complaint cannot be dismissed on the ground that complainant has not proved his source for advancing loan to the..........
Service -- Recovery of excess payment - After refixing of salary after retirement - Cannot be ordered from retired employee...........
Income Tax Act, 1961, Section 2(31) -- Liability to tax - `Supply' of goods by an unincorporated association or body of persons has to be to a member for cash, deferred payment or other valuable consideration...........
