Indian Penal Code, 1860, Section 395 -- Dacoity - Conviction - Sustainability - Six or seven persons alleged to have committed dacoity - But only appellant was prosecuted - Charge sheet neither indicate that investigation in respect of other persons continued nor state as to whether other persons will be put to trial or not - PW2, in whose house dacoity was committed, had..........
Constitution of India, 1950, Article 226 -- Award of interest - Contractual matter - Appellant did not have real intention to perform the work in question - Got the earlier contract terminated by a judicial order and put the Corporation through the unnecessary botheration and consequential prejudice of calling for fresh tenders - Appellant, was interested only in scoring..........
Punjab Land Revenue Act, 1887, Section 158 -- Brick earth - Jurisdiction of civil court - Declaratory suit with consequential relief of permanent injunction restraining appellant-State from assessing, levying or recovering royalty on brick earth - Maintainability - Held, once notice has been found to be beyond the four corners of the Land Revenue Act then suit would be..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 21(3), 44 -- Consolidation proceedings - Order passed therein - Declaratory suit thereagainst - Maintainability - Suit for declaration with consequential relief of permanent injunction challenging order passed by competent authority in consolidation proceedings u/s 21(3) of the Act on..........
Criminal Procedure Code, 1973, Section 482 -- Initial action if not in consonance with law then all subsequent and consequential proceedings fall through for the reason that illegality strikes at the root of the order...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Petitioner found in possession of some tablets, capsules and other medicines - Petitioner holding a valid wholesale drugs and sale licence - But sale license not shown at the time of recovery by the Police - Complaint can be initiated by..........
Court Fees Act, 1870, Section 7(iv)(c), Article 1 -- Court fees - Suit to obtain declaratory decree where no consequential relief is prayed - Art.17(iii) of Schedule II of the Act, will be applicable - However, suit filed by plaintiff virtually intent for cancellation of sale deed executed by her in favour of defendant - Plaintiff cannot claim possession unless said deed..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Appellant suffered 8 grievous injuries including fracture of pelvis and he remained in hospital for one and half month - On account of grievous injuries he was unable to continue his studies and as per doctor he has to undertake life long treatment for recurrence of urethral strictures and consequential..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction - Sustainability - Link evidence missing - Deceased seen last not only with accused alone but another person was also present in same room - That person not examined by prosecution for reason best known to them - Child witness declared hostile - So-called extra-judicial confession, recovery of clothes of deceased..........
Specific Relief Act, 1963, Section 34, Contract Act, 1872, Section 17, Arbitration Act, 1940, Section 32,33, Specific Relief Act, 1963, Section 34 -- Award - Allegedly obtained by fraud and misrepresentation - Setting aside of - Appellant seeking declaration that award was null and void and also seeking consequential relief of setting aside mutation based on such decrees..........
