Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 1988 -- Defective cylinder - Privity of contract - Dealer and Manufacturer - Liability for damages - Contract of Manufacturer with dealer on principle - to - principle basis - No privity of contract of manufacturer with the complainant - On leakage of gas and on ignition of matchstick entire kitchen..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Conduct of Prosecutrix - Prosecutrix visiting several places with accused and permitting to have sex with her - Prima facie shows that she was consenting party - Conviction cannot be sustained under Section 363 IPC...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 4(1) - - Ejectment petition - Tenant taking objection that ejectment petition incompetent because the tenanted premises have been ordered to be resumed by the competent authority in terms of provision of section 4(1) of the Act of 1971 - Resumption order yet to attain finality - Held, plea of the tenant not tenable..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Criminal Procedure Code, 1973, Section 202, 156(3) -- Complaint case - Once Magistrate takes cognizance of an offence, he cannot order investigation under Section 156(3) - Section 156(3) is to be resorted to before taking cognizance, whereas Section 202 of the Code is to be invoked after cognizance is taken after the complaint but before issuance of process...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Investigating agency submitting final report to Magistrate under Section 173(2) - Police can still conduct further investigation in respect of an offence under section 173(8) Cr.P.C...........
Punjab Panchayati Raj Act, 1994, Section 208, Punjab State Election Commission Act, 1994, Section 11 -- Gram Panchayat election - Disqualification of a member to contest an election of a Gram Panchayat or of Block Samiti - Member defaulter of a cooperative society - This is no ground to disqualify the member in terms of Section 208 of Punjab Panchayat Raj Act or Section 11..........
Madhya Pradesh Accommodation Control Act, 1961, Section 23(J)(i) -- Specified landlord - Landlord in govt. service - Landlord let out his shop through his uncle - After retiring from service, landlord sought eviction of the tenant from the shop u/s 23(J)(i) of the Act - Held, landlord is a specified landlord in terms of section 23(j)(i) of the Act - Petition hence..........
Industrial Disputes Act, 1947, Section 10(1), 25N -- A reference under section 10(1) of the Act cannot be used to circumvent or bypass the statutory scheme provided under section 25-N of the Act...........
Consumer Protection Act, 1986, Section 2(1)(g) , 2(1)(r)(vi) , 14(1)(d) -- Training programme - Deficiency in service - Unfair trade practice - Tesol certificate programme - Advertisement in the newspaper and brochure of training programme allured the complainants to join the institute with a 100% job guarantee - OP failed to provide any job to the complainants - No..........
