Punjab State Election Commission Act, 1994, Section 76, 89, 54, Panchayat Raj Act, 1994, Section 210 -- Gram Pachayat - Election - Improper rejection or acceptance of nomination papers or any other alleged illegality committed by the Returning Officer - Once the declaration of result either in Form No.5 or Form No.9 is issued/recorded by Returning Officer then there is no..........
Evidence Act, 1872, Section 32 -- Dying Declaration - Wife making accusation that husband administered poison to her - Insecticide found in viscera having obnoxious and repulsive smell - Difficult to believe that wife would consume food mixed with this poison - No motive with the husband to commit murder of wife - Not the case of prosecution that relations between them..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay in lodging - Wife making dying declaration that husband had administered poison - Report not lodged immediately when the disclosure was made - Report lodged after wife had died in the evening - Mother waited till the funeral was performed for lodging the report - Delay in lodging FIR is not explained...........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Public purpose - Declaration that land is acquired for public purpose is amenable to judicial review...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder of seven person belonging to lower caste by eighteen accused from a mighty cruel upper caste group - Dying declaration of one of the injured - Omission of the names of some of the accused in the dying declaration - Dying declaration cannot be discarded - While appreciating..........
Specific Relief Act, 1963, Section 34, 42 -- Suit for declaration - Land in possession of defendant upto the filing of suit - No record that defendant was dispossessed therefrom in accordance with law or that he delivered possession thereof - Once defendant is found to be in possession of the land, presumption is that he continued to be in possession thereof, until proved..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Consequential relief of mandatory injunction also claimed - Suit is maintainable even when consequential relief of possession is not claimed...........
Unlawful Activities (Prevention) Act, 1967, Section 13, 15, 17 -- Unlawful association - Meaning - It is the indulgence in terrorist activities which makes an association unlawful, not the declaration of the association as unlawful by the govt...........
Civil Procedure Code, 1908, Order 1, Rule 1, 2, Civil Procedure Code, 1908, Order 2, Rule 3 -- Joint suit - Maintainability - Each of the plaintiffs is owner/lease holder of a separate plot, flat or house - Each of the plaintiffs has entered into a separate contract with defendant - Demand raised from each plaintiff is a separate demand - Plaintiffs pray that a decree for..........
Himachal Pradesh Court Fees Act, 1968, Section 7(iv)(C), 16 - - Court fee - Suit for declaration and injunction - Distinct subjects - Held, where a suit embraces two or more distinct subjects the plaint would be chargeable with the aggregate amount of fees to which the suits if separately filed would be charged...........
