Indian Penal Code, 1860, Section 302 -- Murder - Eye-witnesses - Prosecution case replete with contradictions and lacunae - Testimony of PW5, an eye witness full of contradictions - His testimony cannot be accepted - Recovery of lathi from the open place does not help the prosecution - Even the IO who was a material witness, not examined - Prosecution failed to prove its..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a), Prevention of Food Adulteration Rules, 1955, Rule 5 -- Appendix B - Ice cream - - Not conforming to standard of quality specified in rules - Where such food articles are not injurious to health and people buy it deliberately knowing full well that such articles do not conform to standard of quality prescribed,..........
Punjab Tenancy Act, 1887, Section 5, 8, Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1952, Section 2(f), 2(3) -- Tenants having right of occupancy - Vesting of proprietory rights in occupancy Tenants - Suit filed alleging that as per local custom plaintiffs/Tenants became full fledged owners by acquiring occupancy rights under Sec. 5 and 8 of the Act of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition - Petition filed U/s 166 of the Motor Vehicle Act, 1988 - Amendment sought to convert the claim petition u/s 163-A of the Act. Held - Provisions of Section 163A of the Act are in the nature of a social security - Provides a distinct scheme of compensation to claimant/deceased having annual income..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 506, Dowry Prohibition Act, 1961, Section 4 -- Harassment and unlawful demand for dowry - Complaint filed by wife against husband and his relatives - When proceedings have reached stage of issuing charge-sheet against accused, proceedings have to be allowed to run its full course and..........
Representation of the Peoples Act, 1951, Section 83, 100, 123 -- Election petition - Issue of maintainability - Corrupt practices - Alleged material facts of corrupt practice adopted by the respondents set out in the petition with full particulars that a Gazetted Officer of Class 1 in the Government of Punjab assisted the respondents by doing several acts and as to..........
Representation of the Peoples Act, 1951, Section 83 -- Election petition - Pleadings - Material facts - Full particulars - Distinction - `Material facts' are primary or basic facts which must be pleaded by the plaintiff or defendant in support of the case set up by him, either to prove his cause of action or defence - `Particulars' are details in support of the material..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Car - Hire purchase agreement - Seizure of car for non-payment of some monthly instalments -Appellant paid the amount in full and no objection certificate issued by OP but car not returned and sold to third person - Respondent-OP held deficient in service - Directed to refund the price of the car of Rs.1,52,000/- to the..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7 -- Scope - Provisions of O.26.R.9 & O.39.R.7 operate separately and for different purposes - One is to elucidate the fact in dispute and the other is to obtain full information and evidence mostly for the purpose of keeping on record the existing condition of the property so that if..........
Consumer Protection Act, 1986, Section 2(1)(c)&(g) -- Insurance claim - Subrogation - Complaint - Locus standi - Respondent No.1 not the third party - The wording used in subrogation in favour of respondent No.2 is `we hereby subrogate to you the rights and remedies' - Special Power of Attorney alongwith subrogation show that the second respondent in this case enjoy the..........
