Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(4), 4(1)(a) -- Shamilat Deh - Property recorded as Gair Mumkin Johar (Pond) in revenue record - Held, it would fall within the definition of Shamilat Deh u/s 2(g)(4) and would vest in Panchayat in terms of S.4(1)(a) of the Act...........
Consumer Protection Act, 1986, Section 2(1)(d) , 2(1)(e) -- Consumer - Consumer dispute - GP Fund - Non - payment of - GPF is opened for a Government servant, for whom it is compulsory to subscribe to the fund - No question of hiring of service get involved between the employee and the Government - GPF is maintained under the provisions of the Provident Fund Act, 1925 or..........
Punjab Land Preservation Act, 1900, Section 2(ii), 4(a), 5(a) -- Only those lands/areas forming part of the notification issued u/s 3 of the PLPA 1900 in respect of which restrictions against clearing, breaking up or cultivation have been imposed u/ss 4(a) or 5(a) of the said Act, are declared as `forest lands' for the purposes of the Indian Forest Act and the Forest..........
Consumer Protection Act, 1986, Section 2(d) -- Consumer - Meaning - A person who hires or avails of any services for a consideration, is a consumer - The following category of service-availors will not be consumers: (i) persons who avail any service for any commercial purpose; (ii) persons who avail any free service; and (iii) persons who avail any service under any..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Police help to enforce injunction order - Application moved in a petition U.O.39.R.2-A CPC and not in the main suit - No finding recorded regarding violation of order by the petitioner - Order of police help passed in a very casual manner - Held, impugned order cannot be sustained - Order granting police help..........
Hindu Marriage Act, 1955, Section 2, 5, 12, 13 -- Divorce - Marriage of a Hindu with a Muslim - Hindu Marriage Act is not applicable when one of the parties is not a Hindu...........
Industrial Disputes Act, 1947, Section 2(1)(d), 2(1)(s) -- Industry - Workman - Evangelist working in a Church - Cannot be a workman - A Diocese cannot be an 'industry' to claim the benefit under the ID Act - The award passed by the Labour Court held to be without jurisdiction and liable to be set aside...........
Stamp Act, 1899, Section 2(14), 33, 35, 36 -- Photocopy of an agreement - Not an instrument - Cannot be impounded and validated by payment of unpaid/insufficient stamp duty and penalty - Impugned order imposing penalty and directing payment of stamp duty on basis of photocopy cannot be sustained...........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Scope - Two thing should be satisfied before invoking the power U.O.17.R.2 Expln. - There should be evidence or atleast substantial evidence of the party and that party absented himself from appearing subsequently in which case alone the Court can exercise its discretion to proceed with the case as if he was present...........
Negotiable Instruments Act, 1881, Section 4, Stamp Act, 1899, Section 2(22) -- Promissory note - Essentials of a promissory note are: (1) An unconditional undertaking to pay; (2) The sum should be a sum of money and should be certain; (3) The payment should be to the order a person who is certain, or to the bearer of the instrument; and (4) The maker should sign it - If..........
