East Punjab Urban Rent Restriction Act, 1949, Section 15(1)(b) -- Appeal - Deposit of entire arrears of rent - Held, S.15(1)(b) of the Act empowers the aggrieved person to file an appeal against order of Rent Controller before the Appellate Authority within 15 days - There is no condition of depositing any arrears of rent at the time of filing of appeal - S.15(2) empowers..........
Motor Vehicles Act, 1988, Section 166 -- Multiplier - Determination of - Deceased was 22 years of age and his mother is 45 years of age - Tribunal applied multiplier of 12 - Legality of - Held, multiplier has to be applied by tribunal in respect of age of deceased and not of claimant - Impugned order of tribunal deserves to be modified as multiplier which is to be applied..........
Criminal Procedure Code, 1973, Section 204, Criminal Procedure Code, Section 204, Copyright Act, 1957, Section 63 -- Copyright - Infringement of - Summoning order - Validity of - Magistrate summoned accused by passing order which stated that there was sufficient evidence to proceed against accused for offence u/s 63 of Copyright Act and S.420 IPC - Challenge thereto -..........
Protection of Women From Domestic Violence Act, 2005, Section 31, Criminal Procedure Code, 1973, Section 125 -- Breach of order of monetary relief - Prosecution of husband u/s 31 - Validity - Held, offence which is created by S.31 is specifically in regard to breach of protection order or an interim protection order - It does not include monetary relief - Provisions of..........
Criminal Procedure Code, 1973, Section 482 -- Quashment - Criminal proceedings - Allegation in FIR prima facie not disclosing commission of any offence - Complaint appears to have vexatiously and maliciously involved petitioner in order to wreak vengeance - Held, such reckless and malafide FIR deserves to be quashed...........
Criminal Procedure Code, 1973, Section 210 -- Further inquiry/proceedings - Stay - Legality - There is no investigation by police officer with respect to offence in progress in relation to the same offence, which was subject matter of inquiry before Magistrate, after registering the information/complaint as FIR by concerned police officer or investigation being carried out..........
Criminal Procedure Code, 1973, Section 482 -- Challenge to summoning order after a period of two years - Petitioner raising factual pleas of defense - Held, cannot be examined by High Court in its jurisdiction u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Proprietary - Offence alleged to have been committed u/ss 323, 506, 420, 467, 468 & 471 IPC - Discharge of accused/revisionists on ground that from FIR and materials collected during investigation if taken to be true, then no offence whatsoever is made out against them - Lower Revisional Court allowed revision..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Income of husband Rs.28738/- per month - Grant of interim maintenance Rs.5,000/- per month - Petitioner has not denied the fact of marriage or income or fact of separate living - Held, order of interim maintenance passed after examining attending circumstances cannot be said to..........
Protection of Women From Domestic Violence Act, 2005, Section 23,31 -- Interim maintenance - Implementation - Order passed u/s 23 of the Act cannot be implemented under S.31 of the Act - Power is given u/s 28 of the Act for implementation of order of interim maintenance - Moreover Rule 6(5) of Rules framed u/s 37 of the Act also lays down the procedure - Held, in view of..........
