Constitution of India, 1950, Article 227, Consumer Protection Act, 1986, Section 21 -- Supervisory jurisdiction - High Court - National Commission - Jurisdiction - Consumer dispute - Alternative remedy - Orders passed by District Forum and State Commission holding petitioner deficient in service challenged by filing petition under Article 227 before High Court - Once a..........
Weapon of offence -- Whether a particular article can per se cause any serious wound or grievous hurt or injury has to be determined factually...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 20(b)(ii), 8C -- Provision of S.42(1) and 42(2) is mandatory in nature - Recovery of charas on secret information - Entry in Rojnamcha not in compliance of S.42(1) of the Act because reasons that offence has been committed not mentioned - No separate panchnama for compliance of S.42(1) and 42(2) prepared -..........
Indian Penal Code, 1860, Section 302 -- Murder in Court premises - Acquittal by trial Court - Conviction by High Court - Prosecution case was that boy was thrown by some of appellants from lst floor on the ground floor - Medical evidence to the contrary as no injuries due to fall found on the body - Post mortem report also did not found any injury on the boy - No evidence..........
Punjab State Election Commission Act, 1994, Section 11(g) -- Nagar Panchayat - Election - Gramin Dak Sewak - Whether can become member of Nagar Panchayat - Service of Gramin Dak Sewak is governed by rules and those rules are framed in terms of proviso appended to Article 309 of the Constitution of India and Art.309 govern only government employees - Government employees..........
Constitution of India, 1950, Article 102 -- Office of profit under government - For holding an office of profit under government one need not be in the service of government and there need not be any relationship of master and servant - All factors need not be conjointly present - The question whether a person holds an office of profit, is required to be interpreted in a..........
Legal Services Authorities Act, 1987, Section 19, 20 -- Lok Adalat - Award - Once award is made in terms of a settlement arrived at between the parties, it becomes final and binding on the parties to the settlement and becomes executable as if it is a decree of a civil court, and no appeal lies against it to any court - However, it can be challenged under Article 226..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree wherein interest awarded at the rate of 18% per annum from the date of decree to the date of realisation without recording a finding that transaction was a commercial one - Upto that extent decree passed by Court is a nullity - Held, this objection can be entertained in execution proceedings or under Article 227..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7(1), 2(ia)(m) -- Plea that food article was not intended for sale - Has no substance when it is admitted by accused in his statement u/s 313 Cr.P.C. that the article was sold to PW1 - No violation of Rr.17 & 18 of the Rules - Sentence imposed the minimum - No merits in appeal - Appeal dismissed...........
Insurance claim -- Repudiation - There being no materials at all that article covered for Rupees 10 lakh were very much available in the complainants' premises after shifting from 'PS' premises and were damaged in fire - Insurance company has committed no fault or negligence in not settling claim in that respect - The Insurance Company has not been intimated either by the..........
