East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Sub letting - Sub tenant running business from the very beginning of tenancy - It had taken electric connection and even got a site plan passed from the Municipal Committee in the year in which premises were taken - Even Inspector of the societies visited the premises - Resolutions had been passed by the..........
Indian Penal Code, 1860, Section 376 -- Rape - Proof - Accused a Police Officer, alleged to have committed rape on prosecutrix - Prosecutrix has specifically deposed that accused had forcible sexual intercourse with her on 30.08.1994 and 19.09.1994 against her wish - Statement of prosecutrix has been corroborated in material particulars by her sister PW2 and her mother PW3..........
Criminal Procedure Code, 1973, Section 219, 220 -- Accused facing trial in seven cases - Cases of different dates and years - Case does not fall within the ambit of S.219 of the Code - Accused cannot be tried for all the offences at one trial - Application of accused to be tried at one trial rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non bailable warrants issued against accused as they failed to appear inspite of many opportunities given to them - Case was fixed for recording statement of accused u/s 313 Cr.P.C. - Complaint dismissed for inability of police to execute non bailable warrants entrusted to them on the ground that..........
Punjab Town Improvement Trust Act, 1922, Section 36 -- Notification for acquisition of land - Collector assessed compensation - Reference against Award of Collector by one of the claimants - Claimant `MPS' fail to produce material evidence on record - Reference dismissed by Tribunal - Award of Tribunal upheld by High Court and Supreme Court - Reference by other claimants..........
Limitation Act, 1963, Article 16, 20, Contract Act, 1872, Section 55 -- Aggrement to sell - Suit for specific performance - Decreed - Appeal - Grant of decree for specifric performance objective on the ground of gross delay in filling of suit - Limitation of 3 years from the date fixed for execution of sale deed - suit filed within one year of last date of execution of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to (i) withdraw the admission & (ii) take destructive pleas - Application dismissed - Defendant in revision - Held - A liberal view be taken with regard to the amendments. An admission made by the party may be withdrawn or may be explained away. The defendant is even entitled..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Chairman & Directors - Summoning order - Case of complainant that all accused were in charge and responsible for the conduct of the business of the company - Held, all accused are liable under the Act - Revision against order summoning accused, dismissed...........
Indian Penal Code, 1860, Section 302 -- Murder - FIR lodged after so called extra judicial confession - No reference of the same in FIR - No disclosure was necessary for locating the dead body as even a casual search would have revealed the same and articles - Axe stained with human blood but blood group not ascertained - Held, High Court was justified in finding the..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Witnesses of plaintiff not cross examined despite several opportunities - Counsel sought time for cross examination - Judge lost his temper and made some observations against defendant - Defendant made an application for transfer of his case as he had an apprehension of not getting justice - Held, it is not a..........
