Punjab Land Revenue Rules, 1908, Rule 14, 15, 17 -- Appointment of Lambardar - Validity - Respondent No.2 was defaulter of payment of bills of Public Health Department from June, 2000 till September, 2006 - Proceedings to fill up post in question were initiated in month of April, 2005 - Deposit of amount after Collector appointing petitioner as Lambardar - Held, it will..........
Indian Penal Code, 1860, Section 120B -- Conspiracy - Prosecution has to establish that there was an agreement between accused to do or cause to be done an illegal act or an act which is not illegal by illegal means - There must be meeting of minds resulting in an ultimate decision taken by the conspirators regarding the commission of crime...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside of - Scope of interference - Held, normally scope of interference with respect to an award passed by an arbitrator is very limited - Award can be set aside only if it attracts any of the grounds enumerated in S.34 of the Conciliation Act, 1996 - But that pre-supposes an award passed in..........
Prevention of Corruption Act, 1988, Section 20 -- Illegal gratification - Presumption u/s 20 of the Act is a rebuttable presumption - Presumption can be rebutted not only by leading evidence but also eliciting material facts in the cross-examination...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil court - Unauthorized construction - Notice u/s 260 & 267 of Maharashtra Municipal Corporations Act - Bar of jurisdiction of civil Court u/s 433-A of Maharashtra Act - Jurisdiction of Civil Court is barred when a declaration is sought that notice is illegal - However, civil court has..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Contraband - Illegal possession - Acquittal - Validity - SDPO not produced and examined at trial to prove that exercise of search, seizure and recovery of contraband and arrest of accused was a legitimate and lawful exercise conducted in conformity with mandatory provisions of NDPS Act - Evidence..........
Civil Procedure Code, 1908, Order 9, Rule 7, Punjab Village Common Lands (Regulation) Act, 1961, Section 7 - - Withdrawal of appeal - Restoration of - Panch appeared before appellate court and stated that no decree of recovery had been passed against Gram Panchayat and it having initiated proceedings u/s.7 of the Act of 1971 would take possession in due course of law -..........
Prevention of Cruelty to Animals Act, 1960, Section 29(1)(3) -- Custody of animals - Illegal transportation of cattle - Seizure of cattle - Petitioner is member of Managing Committee of Society for Prevention of Cruelty to Animals constituted by District Collector, Chennai and is interested in safety of animals in question - Held, petitioner is competent person to take..........
Civil Procedure Code, 1908, Order 21, Rule 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 -- Execution - Attachment of J.D's property not in his possession - Execution application must be clear and with details as required - Warrant of attachment issued at the instance of D.H. based upon vague averments, held, illegal, impermissible and liable to be withdrawn/vacated...........
Civil Procedure Code, 1908, Section 34 -- Decree - Rendered ignoring the mandate of S.34 CPC - Such a decree is illegal and liable to be set aside...........
