Prevention of Corruption Act, 1988, Section 7, 13(2) -- Charge u/s 7 r/w S.13(2) of the Act framed against Manager, Punjab Agricultural Development Bank - High Court holding that accused was not a public servant - Held, High Court has not analysed the factual position - Total share capital of the Bank was not known - No enquiry as to whether it was Govt. Company or not -..........
Consumer Protection Act, 1986, Section 2(1)(g), Electricity Act, 1910, Section 26(6) -- Electricity bills - Allegation against the complainant was that he had tampered with the meter so that while the disc of the meter was running and electricity was being supplied, the digits were not moving - Held that referring the matter to the Chief Electrical Inspector as directed by..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Eviction petition - Ground of non payment of arrears of rent - Eviction orders on the ground that tender was not made by tenant as per the demand of landlord - Order of Rent Controller set aside - Held, it was incumbent upon the Rent Controller to have assessed the rent along with interest and cost..........
East Punjab Urban Rent Restriction Act, 1949, Section 15 -- Eviction petition - Ground of non payment of arrears of rent - Rent Controller ordered ejectment - Appellant authority, set aside these findings, holding that rent was offered but landlord refused to accept the same - Held, it was incumbent upon the Rent Controller to have assessed the rent along with interest and..........
Hindu Law -- Partition - Minors through mother filed suit for partition - Father sold property during pendency of suit - Trial Court passed preliminary decree holding that two plaintiffs and father is entitled to 1/3rd share each and that plaintiffs are entitled to separate possession of 2/3rd share after division - Sale executed, held, binding only on father and not on..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Conviction by trial Court and acquittal by High Court - Conclusions arrived at by trial Court in detail - High Court set aside the conviction by a cryptic and non speaking order - High Court did not discuss the evidence and has not even indicated any basis for departing from conclusions of trial Court - Case remanded back..........
Civil Procedure Code, 1908, Order 7 ,14, Rule 11 , 2 -- Jurisdiction - Preliminary issue - Suit for declaration that plaintiff entitled to be brought on regular establishment on completion of 240 days continuous service or in the alternative for grant of regular pay scale on the basis of equal pay for equal work - The reading of plaint showed that relief claimed falls..........
Criminal Procedure Code, 1973, Section 204 -- Non bailable cognizable offence - Complaint - Court issuing summons - Having exercised the discretion to issue summons only, accused cannot be remanded to custody when he appears in Court and is willing and prepared to offer bail...........
Consumer Protection Act, 1986, Section 15 -- Ajmer Vidyut Nigam Ltd. Terms and Conditions of Supply of Electricity, 2004, condition No. 50(2) r/w 48(b)(4) - Bar of jurisdiction - Electricity supply - Unauthorised use of electricity - Dues Settlement Committee - Held that in view of combined reading of condition No. 50(2) r/w 48(B)(4) of the terms and conditions of 2004 the..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - Appreciation of evidence - Alleged contract with respondent for supplying and laying of granite slabs - Though receipt filed with complaint but author of the receipt who was then the Manager of the respondent not examined - State Commission for cogent reasons has found the testimony of the petitioner..........
