Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3(1) -- Preventive Detention - Petitioner indulging in black marketing of kerosene which is an essential commodity - Petitioner engaged in such activities since 2002-2006 - Several cases registered against him - Order of preventive detention passed against petitioner -..........
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3(1) -- Preventive detention - Meaning and concept - There is no authoritative definition of preventive detention either in the Constitution or in any other statute - The expression, however is used in contradistinction to the word punitive - It is not punitive or penal..........
Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Section 3(1) -- Preventive and punitive detention - Preventive detention is intended to pre-empt a person from indulging in anti social activities so that jurisdiction of Court to grant relief to the detenu in such proceedings is indeed narrow and very much limited - Bail cannot..........
Constitution of India, 1950 -- Preventive detention - Order of preventive detention cannot be set aside by writ Court at pre-exeuction stage unless there are exceptional circumstances such as where the Court is prima facie satisfied (1) that the impugned order is not passed under the Act under which it is purported to have been passed; (ii) that it is sought to be executed..........
Constitution of India, 1950 -- Preventive detention - Interference by a Court of law at pre-execution stage must be an exception rather than a rule and such an exercise can be undertaken by a writ Court with extreme care, caution and circumspection...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Detailed examination of the evidence is to be avoided while considering the question of bail, to ensure that there is no pre-judging and no prejudice is caused - Only a brief examination is to be done to satisfy about the facts and circumstances or otherwise of a prima facie case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three ingredients of the provision are : (i) that there is a legally enforceable debt; (ii) that the cheque was drawn from the account of bank for discharge in whole or in part of any debt or other liability which pre-supposes a legally enforceable debt; and (iii) that the cheque so issued had been..........
Punjab Pre-emption Act, 1913, Section 15(1), (2) -- Claim for superior right of pre-emption - Plaintiff filed suit to pre-empt sale made by vendor in favour of defendant by claiming himself to be related to vendor and being co-sharer - Plea of vendor that he and his sister were jointly owners of half of suit land and also plaintiff cultivating separately - Vendee has..........
Indian Penal Code, 1860, Section 302 (304 Part II) -- Nature of offence - Fire arm injury - No enmity between parties - Sudden quarrel - No pre-meditation - At the most, it can be said that accused had knowledge that use of revolver was likely to cause death - Case falls within the third clause of S.299 IPC - Conviction altered one u/s 302 IPC to one u/s 304 Part II IPC...........
Indian Penal Code, 1860, Section 406 -- Stridhan - Misappropriation - Complainant refused to take back articles when this offer was made by Investigating Officer - Very pre-requisite of entrustment of the property and its misappropriation by the appellants are lacking in the instant case...........
