Indian Penal Code, 1860, Section 300 - - Sudden fight upon a sudden quarrel - On facts, if so or merely a mutual fight - Appellants went to the house of complainant house well prepared for a fight and provoked the complainant party and initiated a quarrel - They took undue advantage of the deceased being unarmed and attacked him causing his death - There was no sudden..........
Indian Penal Code, 1860, Section 326 -- Causing grievous injury - FIR as well as eyewitnesses clearly stating that appellant inflicted injury with his weapon on the victim - Medical evidence showing that the injury was grievous and was inflicted by a sharp-edged weapon - Plea of appellant as to exercise of right of self-defence rightly rejected by High Court - Held that,..........
Criminal Procedure Code, 1973, Section 145, 146 -- Effect of the order of Magistrate passed u/s 145/146 Cr.P.C. - (i) `Competent Court' - Do not necessarily mean a civil court only - A competent court is one which has the jurisdictional competence to determine the question of title or the rights of the parties with regard to the entitlement as to possession over the..........
Civil Procedure Code, 1908 -- Order 6 ,R. 17 - Specific Relief Act, 1963, Sections 21 and 22 - Amendment of plaint - Suit for specific performance - Amendment sought so as to plead that in the alternative the plaintiff entitled to the refund of the earnest money - Prayer made on behalf of the plaintiff held to be in consonance with the provisions of Section 21 of the Act..........
Land Acquisition Act, 1894, Section 5A, 4, 6 -- Challenge to acquisition proceedings on ground of non - hearing of objections under Section 5 - A - Hardly any choice for the Court but for to issue Notice of Motion whenever there is positive pleadings that objections under Section 5 - A not been heard - Normally while issuing Notice of Motion order passed asking petitioners..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Opium - Case property duly sealed and sent to Police Station and received by Moharrir Head Constable as SHO was on patrol duty - Though there was no strict compliance of S.55 but it will not damage the case of prosecution - Section 55 is directory and not mandatory - Accused was not able to show any..........
Civil Procedure Code, 1908, Section 152 -- Scope of - Contemplates correction of mistakes by Court of its ministerial actions - Does not contemplate passing of effective judicial orders after judgment, decree or order - Very Court or Tribunal cannot on mere change of view - Not entitled to vary terms of judgment, decree and order earlier passed except by means of review,..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(5) -- Revisional jurisdiction - Power of the High Court under Section 15(5) of the 1949 Act much wider than its revisional jurisdiction under Section 115 CPC - It has to be exercised subject to well known limitations inherent in all revisional jurisdictions - It cannot be equated with an appellate jurisdiction - High..........
Civil Procedure Code, 1908, Section 60, Payment of Gratuity Act, 1972, Section 13 -- Payment - Pension Act, Section 11 - Employees Provident Fund & Miscellaneous Provisions Act, 1952, Section 10(2) - Attachment order - Whether the amount due as provident fund, leave salary, gratuity etc., to the deceased employee can be attached in the hands of the employer pending the..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 4,5 -- Punjab Village Common Lands (Regulation) Act, 1961, Section 7 - Eviction - Exchange of Gram Panchayat land with that of the land of the petitioner admitted - The petitioner entered into the land, subject matter of exchange, his initial entry cannot be said to be unauthorised - Only on..........
