Evidence Act, 1872, Section 43 -- Judgment in a criminal case - Admissibility in a civil suit - Judgment in a criminal case is admissible provided it is a relevant fact in issue - Its admissibility otherwise is limited...........
Evidence Act, 1872, Section 43 -- Judgment of civil court - Relevancy of in a criminal proceeding - Held, judgment of a tribunal in a civil proceeding rendered on basis of settlement entered into by and between the parties is not of much relevance in a criminal proceeding...........
Consumer Protection Act, 1986, Section 2(1)(r), Motor Vehicles Act, 1988, Section 43, Himachal Pradesh Motor Vehicle Rules, 1999 -- Unfair trade practice - Purchase of vehicle pursuant to Advertisement issued by appellants that vehicle Tata Tourin vehicle (Jeep) is approved for being plied as taxi in the State of Himachal Pradesh whereas it was in violation of the MV Act,..........
Consumer Protection Act, 1986, Section 2(1)(r), Motor Vehicles Act, 1988, Section 43, Himachal Pradesh Motor Vehicle Rules, 1999 -- Unfair trade practice - Necessary parties - Purchase of vehicle pursuant to Advertisement issued by appellants that vehicle Tata Tourin vehicle (Jeep) is approved for being plied as taxi in the State of Himachal Pradesh whereas it was in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 42, 43, 50 -- Accused found in possession of 4 Kg of opium - Recovery effected from accused at public place - Held, it is Section 43 and not Section 42 which is applicable - It was not necessary to record grounds of suspicion - Section 50 not applicable as recovery was not effected from the personal search..........
Punjab Town Improvement Trust Act, 1922, Section 73E, 42, 43 -- Development scheme - Land acquired - Subsequently Improvement Trust passing a resolution exempting certain land as the same found not necessary for the Development Scheme - State Govt. can annul the resolution in exercise of power u/s 73-E of the Act...........
Punjab Town Improvement Trust Act, 1922, Section 73E, 42, 43 -- Development scheme - Land acquired - Subsequently Improvement Trust passing a resolution exempting certain land as the same found not necessary for the Development Scheme - Notification not published to this effect in Gazette - Petitioner gets no right over land on basis of resolution of Trust - In the absence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 43, 102(3) -- Seizure of contraband - Applicability of S.102(3) Cr.P.C. - Seizure is made by empowered police officer in accordance with provisions of S.43 of NDPS Act, need to follow procedure laid down in S.102(3), Cr.P.C. will stand obviated for simple reason that manner in which search and..........
Criminal Procedure Code, 1973, Section 244, 245, 246, Water (Prevention and Control of Pollution) Act, 1974, Section 25, 26, 43 -- Private complaint - Framing of charge - Procedure for - Held, provisions as contained in S.244 mandates that a Magistrate shall proceed to hear prosecution and take all such evidence as may be produced in support of prosecution - As such,..........
Evidence Act, 1872, Section 40, 41, 43 -- Judgment of civil court - Relevancy of in criminal case - Held, even if criminal case and civil case are founded on same cause of action, judgment of civil court would only be relevant if conditions laid down in S.40 and 43 of the Evidence Act are satisfied - But it cannot be said that judgment of civil court would be conclusive as..........
