East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii) -- Eviction of tenant sought on the ground of impairment of value and utility of the demised premises on account of material structural alteration - Two shops let out to tenant on two different occasions - Tenant allegedly removed intervening wall between two tenanted premises - Tenant admitted in his written..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 362 -- Payment of compensation/fine - Enlargement of time after final disposal of case - Alteration brought forth to the judgment does not amount to an `alteration' offending the spirit of S.362 of the Code...........
Criminal Procedure Code, 1973, Section 374, 386 -- High Court altered conviction from S.302 to S.304 Part I IPC - Appeal against - State did not file appeal challenging alteration of sentence - State cannot now contend that accused ought to have been convicted u/s 302 IPC...........
Service -- Alteration of service conditions - Legislature is competent to unilaterally alter the service conditions with retrospective effect also, but the intention of the Legislature to apply the amended provisions with retrospective effect must be evident from the Amendment Act itself expressly or by necessary implication...........
Criminal Procedure Code, 1973, Section 216, 217, 313 -- Alteration of charge - Statement of accused recorded u/s 313 of Criminal Procedure Code after conclusion of prosecution evidence - Thereafter charge altered or amended - Held, opportunity has to be given to both the parties to lead evidence in pursuant to altered/amended charge...........
Indian Penal Code, 1860, Section 304I, 302 -- Alteration of conviction - Murder case - Accused gave injuries from blunt side of Gandasi - Held, if the accused had intention to kill, there was nothing to stop him from using the Gandasi from its true side as that would have made it a much more effective weapon - Conviction u/s 302 IPC altered to one u/s 304 Part I IPC and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Material alteration in the cheque - Exaggerated amount mentioned in the cheque does not tally with amount due by accused - Amount borrowed by accused is said to have been repaid by them in installments - Even on the cheque there is an endorsement that Rs.1 lakh has been..........
Water connection -- Water charges - Dispute as to - For the construction of the first and second floor water was taken from the water connection at the ground floor - Since water was used from the water connection of the Respondent, charges had to be raised as per meter reading of the said water connection - It is not the case of the Respondent that any separate water..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Magistrate allowed application seeking alteration of charge - Order did not indicate material showing involvement of accused in offences warranting alteration of charge - Order allowing application set aside...........
Indian Penal Code, 1860, Section 300, 304 -- Alteration of conviction - Deceased assaulted with knife on chest and back portion of skull by accused - Accused came to the deceased and his wife to hand over certain documents where heated exchange of words took place - Evidence of wife showed that deceased first assaulted accused by a spear on his head and injury had required..........
