Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Advocate's complaint - Rs 100/- deposited for processing the complaint against advocate to Bar Council - Bar Council took no action - Whether consumer dispute or not - Held that such payment of the statutory fees does not partake character of consideration as used in the language of Section 2(1) (d) (ii) of the..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - To prove the offence it must be proved that accused dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or..........
Punjab Tenancy Act, 1887, Section 84(3) -- Punjab Security of Land Tenures Act, 1953, Section 14A(iii) - Reference to Financial Commissioner - Service of notice - Principles of natural justice - Ejectment of tenant - Non payment of rent - Order of ejectment passed by Assistant Collector as confirmed by the Collector referred to the Financial Commissioner by the..........
Indian Penal Code, 1860, Section 302, 34, 304 - - Murder - Common intention to cause death - Nature of injuries inflicted on deceased and other circumstances should be weighed by the court - Accused persons went to house of the complainant and initiating fight there - Though appellants had no enmity with the deceased but when deceased intervened, three of the appellants..........
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..........
