Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 3 -- Dowry death - Proof - Evidence of Medical Officers indicates that victim died of intake of Aluminum Phosphide either deliberately surreptitiously, voluntarily or by default - Not evidenced that victim's i, laws administered Aluminum Phosphide to her - Evidence on record shows that victim was..........
Right to Information Act, 2005, Section 20(2) -- Disciplinary action - `Negligence' per se is not a ground on which proceedings u/s 20(2) of the Act can be invoked - The Commission must return a finding that such negligence, delay or default is persistent and without reasonable cause...........
Right to Information Act, 2005, Section 20(2) -- Disciplinary action - Besides finding that any of the stated defaults have been committed by such officer, the Commission has to further record its opinion that such default in relation to receiving of an application or not furnishing the information within the specified time was committed persistently and without a..........
HUDA -- Allotment of plot - Default in payment - Cancellation - Validity - Allotment cancelled without giving any opportunity to deposit amount - Appeal dismissed by passing non speaking order - None of averments made by petitioner taken into consideration - Claim of petitioner rejected without application of mind - Held, HUDA authorities committed mistake in not..........
Capital of Punjab (Development and Regulation) Act, 1952, Section 8A, Chandigarh (Sale of Sites and Buildings) Rules, 1960, Rule 11D -- Breach of condition of sale - Resumption of building - Re-transfer - Validity of R.11-D of 1960 Rules - Held, R.11-D was illegal from very inception and it conferred no right enforceable through Court of law to seek re-transfer of a..........
Agreement to sell -- Forfeiture of earnest money - Transaction falling through by reason of default or failure of purchaser - Part payment of purchase price cannot be forfeited unless it is a guarantee for the due performance of the contract - In other words, if the payment is made only towards part payment of consideration and not intended as earnest money then the..........
Agreement to sell -- Forfeiture of earnest money - Transaction falling through by reason of default or failure of purchaser - Forfeiture of earnest money can only be (1) if the terms of contract are clear and explicit (2) earnest money is paid or given at the time when the contract is entered into; (3) earnest money is given as a pledge for its due performance by the..........
Agreement to sell -- Earnest money - Scope - (1) It must be given at the moment at which the contract is concluded; (2) It represents a guarantee that the contract will be fulfilled or, in other words, "earnest" is given to bind the contract; (3) It is part of the purchase price when the transaction is carried out; (4) It is forfeited when the transaction falls through by..........
Criminal Procedure Code, 1973, Section 421 -- Firm alone made accused - Managing partner representing the firm - Conviction of accused - Imprisonment for default in payment of fine - Managing partner who represented the firm cannot be sentenced to undergo imprisonment for the default in payment of fine - Punishment of fine can be enforced against the company...........
Indian Penal Code, 1860, Section 63, 64, 65, 66, 67, 68, 69, 70 -- Imprisonment in default of payment of fine - Held, where a substantive term of imprisonment is inflicted, an excessive fine should not be imposed except in exceptional cases...........
