Service -- Disciplinary proceedings - Judicial review thereof is limited - Disciplinary proceedings, however, being quasi-criminal in nature, there should be some evidences to prove the charge - Although the charges in a departmental proceedings are not required to be proved like a criminal trial, i.e., beyond all reasonable doubts, but Enquiry Officer performs a..........
Criminal Procedure Code, 1973, Section 195, 482 -- Penal Code, 1860, Sections 182, 420, 511 - Quashing of complaint - Both the alleged offences i.e. u/S.420 r/w Section 511 IPC and 182 IPC form integral part so as to amount to offences committed as a part of the same transaction - Summoning order issued by Magistrate on private complaint - Held that Section 195 Cr.P.C..........
Indian Penal Code, 1860, Section 304B -- Ingredients of the provision of S.304-B IPC are : (i) The death of a female occurs otherwise than under normal circumstances i.e. unnatural death; (ii) that the death occurs within seven years of her marriage; and (iii) that soon before her death she was subjected to cruelty and harassment by her husband or his relatives by making..........
Land Acquisition Act, 1894, Section 18 -- Small chunk of land acquired - Belting System - Land Acquisiton Collector treated the entire land as one category - Referrence Court treated the land differently by carving out two belts i.e. one abutting highway and one lying behind that land - Only small piece of 3 Acres of land acquired - No justification to adopt belting system..........
Punjab Land Reforms Act, 1972, Section 4, 5, Punjab Security of Land Tenures Act, 1953 -- Land declared surplus under the Act of 1953 - Fresh assesment of permissible area for adult son claimed after promuglation of Reforms Act - Claim not available as land stood utilised by settlement of landless tenants prior to appointed day i.e. 24.01.1971 - No interference with the..........
Defective machine -- `Building-Hoist' machine - Purchase of in Sept1996 - Machine sent for repairs in first week of December, 1996 - Neither repaired nor returned - Deficiency in service - Direction to refund the amount with 10% interest from the date of purchase i.e. 20-9-1996 along with compensation of Rs.20,000/-..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- A pre-detention order can be quashed only on a limited ground - Unlawful import - Raid conducted on 26.5.2004 but no prosecution launched against appellant - No show cause notice issued on ground that export commitment was not fulfilled and authorities had granted redemption..........
Haryana Housing Board Act, 1971, Section 2(j), Housing Board Haryana (Allotment, Management and Sale of Tenements) Regulation, 1972 -- Regulation 2(y) - Housing Board allotted residential houses in early 1970 - Regulation 2(y) incorporated w.e.f. 30.10.1989 - Retrospective effect of clause 2(y) - Additions, alterations & misuser of property without permission of..........
Consumer Protection Act, 1986, Section 12 -- Employees State Insurance Act, 1948, Section 75 - Jurisdictional bar - Complaint - Maintainability of -Claim for compensation by workman and insured person under ESI Act - ESI Act being a special Act remedy available to complainant is to approach to ESI Court for appropriate relief - Jurisdiction of Forum constituted under the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73, Criminal Procedure Code, 1973, Section 397, 401 -- Cheque - Signatures disputed - Defence evidence - Summoning of witnesses i.e. Bank Manager and hand-writing expert - One opportunity granted to produce the defence evidence...........
