Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 7, 22 -- Punjab Maintenance and Welfare of Parents and Senior Citizens Rules 2012, Rr.22, 23 - Eviction - Property of senior citizen - Action Plan - Expression `life and property' - Neither Section under MWPSC Act nor PMWPSC Rules deals with eviction or mention word or explains legislative meaning of..........
Income Tax Act, 1961, Section 260A, 14A -- Assessment - Disallowance of deduction - Applicability - S.14A of the Act is applicable if there has to be a pay out i.e., an assessee has to incur expenditure - However, no deduction shall be allowed in respect of the expenditure incurred by the assessee in relation of the income which does not form part of his total income under..........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Unless a cognizable offence is committed by a person in presence of such police officer, police officer cannot arrest an accused only on the basis of his whims that he suspects the said person to have committed some offence - If such person has committed some cognizable offence which is punishable for imprisonment, then..........
Constitution of India, 1950, Article 32, Shri Jagannath Temple Act, 1954, Section 21 -- Administration of Temple - Misbehavior with women, snatching of ornaments, etc. - Directions issued to Temple Administration and also Temple Police to ensure that let there be a dedicated section of personnel to tighten security inside temple and only to ensure that no such incident..........
Land Acquisition Act, 1894, Section 4, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Subsequent purchaser - Averment in writ petition itself indicates that possession had been taken over in year 2000 and unauthorized colonies have come up in area - Held, possession, if any, is illegal, and in fact,..........
Hindu Marriage Act, 1955, Section 16 -- Applicability of S.16 of the Act - If a man and woman proved to have been having cohabitation over a long period of time, that cohabitation would produce a presumption favouring their marriage status and in such cases S.16 of the Act cannot be applied, unless there is contra evidence in support of voidability or nullity of marriage..........
Representation of the Peoples Act, 1951, Section 33A, 125A, Conduct of Election Rules, 1961, Rule 4A -- Election - Form 26A - Offences punishable with imprisonment for two years or more - Mandates disclosure of information by contesting candidate of not only cases in which charges have been framed but also cases in which cognizance has been taken by the Court - Any false..........
Customs Act, 1962, Section 27, 17, Central Excise Act, 1944, Section 11(b), Customs Tariff Act, 1975, Section 3(1) -- Claims of refund of duty - No challenge to order of assessment - Refund application - Held, that claim for refund cannot be entertained unless order of assessment or self-assessment is modified in accordance with law by taking recourse to appropriate..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Case Dairy - Neither accused nor his agents shall be entitled to call for case diary nor shall he or they be entitled to see them merely because they are referred to by court - But if they are used by police officer who made them to refresh his memory or if court uses them for purpose of..........
Criminal Procedure Code, 1973, Section 211, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Defect in framing of charge - Recovery of 200 gms opium - Accused was fully aware that he is being charged for keeping 200 gms of opium without there being any license to keep the same - More so, record shows that at the time of framing of charge, accused was..........
