Criminal Procedure Code, 1973, Section 133(d) -- Private grievance - S.133(d) Cr.P.C. cannot be invoked to redress a private grievance caused by a construction without permit and made in violation of Building Rules...........
Mines and Minerals (Regulation and Development) Act, 1957, Section 21(5), Punjab Minor Mineral Concession Rules, 1964, Rule 3(ii) -- Minor minerals - Use for private purpose - Permissibility - Held, R.3(ii) exempts excavation of masonry stones and ordinary clay if they are used for a bona fide `personal' requirement by `inhabitants of area' - Word `personal' read with word..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 500 gm. of heroin - Confession made before officers of NCB - Confession has to be subjected to closer scrutiny than a confession made to private citizens or officials who do not have investigating powers under the Act...........
Indian Penal Code, 1860, Section 376(2)(g) -- Girl of 14 years raped by four persons - No signs or marks of rape on person of victim - No report in respect of vaginal swab received - No evidence regarding presence of spermatozoa or any foreign object on undergarments or private parts of prosecutrix - Despite sufficient opportunity, prosecutrix did not disclose about..........
Punjab Land Revenue Act, 1887, Section 13, 16, Punjab Land Revenue Rules, 1908, Rule 15 - - Appointment of Lambardar - Significant factor - Held, availability of a Lambardar in village is a significant factor to be considered while appointing a Lambardar - If a question mark is raised upon a candidate's availability in village, Collector would necessarily be required to..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused alleged to have committed brutal rape of an eight year old girl and thereafter took her to hospital as she was bleeding from her private parts - Accused failed to disclose as to why he had gone to house of victim and circumstances why he took victim to hospital - Unimpeachable evidence of victim, testimony of treating..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18, 23A, East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules, 1949, Rule 16(ii), Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4, 5 -- Eviction proceedings - Mushtarka Malkan - Land in dispute recorded as Mushtarka Malkan i.e...........
Indecent Representation of Women (Protection) Act, 1986, Section 4, 6, Indian Penal Code, 1860, Section 292(2)(a) -- Cognizance of offences and order of summoning on a private complaint - Complainant and accused petitioner were married but residing separately in matrimonial home as they were co-owner of the flat - Two pornographic paintings, one on a canvass and other on..........
Land Acquisition Act, 1894, Section 5A -- Scope - (i) The rule of audi alteram partem engrained in the scheme of S.5A of the Act ensures that before depriving any person of his land by compulsory acquisition, an effective opportunity must be given to him to contest the decision taken by the State Government/competent authority to acquire the particular parcel of land; (ii)..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Dispute as to ownership - Jurisdiction of Rent Controller - Respondent Nos.2 & 3/tenants admitted relationship of landlord and tenant in eviction petition preferred by respondent No.1-trust - Litigation between applicants and a private person who is allegedly chairman of respondent No.1- trust..........
