Constitution of India, 1950, Article 226 -- Power to interfere under Article 226 is only when there is miscarriage of justice or an error of law on the face of record but not to re-appreciate the evidence recorded by the court of first instance...........
Prevention of Food Adulteration Act, 1954, Section 16, 7 -- Food article - Packed commodity - Name of State not mentioned - However, PIN Code given - Held, once the PIN Code is given the requirement of law stands satisfied - No offence made out - Accused acquitted...........
Legal Services Authorities Act, 1987, Section 20, 23 -- Lok Adalat - Award in terms of a settlement arrived at between the parties, duly signed by parties and annexed to the award - It is final and binding on parties - It is executable as if it is a decree of a civil court - No appeal against it lies to any Court - Such an award can only be challenged by filing a petition..........
Legal Services Authorities Act, 1987, Section 20, 23 -- Lok Adalat - Award - Not based on any settlement arrived at in between the parties - Award with a direction to respondent to either make payment or approach High Court for disposal of appeal on merits, if it does not agree - Such is not an award of Lok Adalat - There is no need to challenge such an award under Article..........
Consumer Protection Act,1986, -- S.2(1)(g) - Indian Carriage of Goods by Sea Act, 1925 - Article 1(b)(e) - Civil Procedure Code, 1980 - Ss.82 & 83 - Carriage by sea - Deficiency in service - Summary proceedings - Goods delivered by shipper to Customs Authorities in Venezuela - Shipper would stand discharged - OPs.2, 3 and 4 are not Indian Parties and proceeded ex parte -..........
Evidence Act, 1872, Section 24, 25, 26, 27, Constitution of India, 1950, Article 20(3) -- Confessional statement - Bar u/ss 24 to 27 Evidence Act and Art.20(3) Constitution of India is not applicable when statement is made prior to arrest - Bar of the said provisions comes into play only when a person is placed in the position of an accused - Even if a person is placed..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for defamation against Magazine - Interim order passed against publisher restraining him from re-publishing defamatory articles in question or writing any such defamatory article in future - No ground to interfere...........
Copyright Act, 1957, Section 52 -- Copyright - Judgments of Courts - Published by one law journal and copied by another law journal - There is no copyright when Editor puts in inputs like, cross citations to the citations already given, added names of cases and cross-citations, inserted citation in case history, presented in their own style the cases when they are cited..........
Extradition Act, 1962, Section 7, 10 -- International Extradition Treaty (Between U.S.A. and India, 1999, Article 9 r/s Articles 2, 4, 10 & 17 - Extradition - Magistrate to take such evidence as may be produced in support of requisition of foreign State and also on behalf of fugitive criminal - Provisions of Cr.P.C. apply in inquiry proceedings - Evidence as used in S.3 of..........
Punjab Excise Act, 1914, Section 30, Constitution of India, 1950, Article 19(1)(g), 14, 15 -- Prohibiting employment of 'any man under the age of 25 years' or 'any woman' in any part of such premises in which liquor or intoxicating drug is consumed by the public - Held, S.30 of the Act is ultra vires Article 19(1)(g), 14 & 15 of Constitution...........
