Indian Penal Code, 1860, Section 300 -- Exception I - Accused fired a gun shot which hit one PW and second shot hit the deceased who collapsed - Accused was Personal Security Officer and he did not tell his master that gun went off accidentally - Held, that accused was the assailant and section 300 Exception I is not applicable...........
Land Acquisition Act, 1894, Section 11(1) -- First Proviso - Prior approval of State Government before award made by Land Acquisition Collector - Necessary - Even though approval of Government sought before pronouncing award but required approval not conveyed by competent authority and award pronounced without such approval - Violative of First Proviso to Section 11 -..........
Land Acquisition Act, 1894, Section 11A -- Award pronounced after 2 years from date of publication of notification under Section 6 - Ultra vires Section 11 - A - Quashed - Constitution of India, Article 226...........
Negotiable Instruments Act, 1881, Section 138,9,15,16 -- Dishonour of cheque - Holder in due course - The cheque in question never endorsed by the payee in favour of the complainant Bank - The complainant Bank never became holder of the cheques in question `in due course' inasmuch as the complainant Bank is neither the payee nor the indorsee of those cheques - Dismissal of..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Tribunals - Established under the Motor Vehicles Act, the Karnataka Private Educational (Discipline and Control) Act, 1975 and Railway Claims Tribunal Act are not courts subordinate to High Court for purpose of Section 115 of the Code...........
Punjab New Capital (Periphery) Control Act, 1952, Section 2(3), 3, 5, 6, 10, Haryana Development and Regulation of Urban Areas Act, 1975, Section 11, 21, 3, 2(f) -- As applicable to Haryana - Director, Town and Country Planning Department Haryana - cum-Deputy Commissioner (Periphery) under Section 6 has authority to grant permission - Plea that permission of Deputy..........
Consumer Protection Act, 1986, Section 2(1),(d) -- Consumer - Cold store - Complainant stored goods in the cold storage of the OP for consideration - The complainant held to be consumer within the meaning of Section 2(1) (d) (ii) of the Act and the OP provider of service within meaning of Section 2(1) (o) of the Act...........
Indian Penal Code, 1860, Section 302, 304 -- Only one injury caused by a stick on a dark night when visibility was poor but the victim and accused knew each other - One could not move about without torch - Doctor opined that the injury was possible with one blow - High Court convicted under section 302 IPC - Held, due to darkness it could not be said with certainty the..........
Consumer Protection Act, 1986, Section 2(1),(o),2(1),(d) -- Kerala Co-operative Societies Act, Section 80-A - Kerala Co-operative Societies Employees Self Financing Pension Scheme, 1994, Clause 4 and 34 - Service - Pension - Disbursement of pension delayed - Plea with regard to maintainability of complaint - The Board constituted under Clause 4 of the Pension Scheme of..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 8, 12(3) -- Surplus area proceedings became final under Punjab Security of Land Tenures Act - Cannot be reopened by taking benefit of Section 8 Haryana Ceiling Act - Land declared surplus under Punjab Security of Land Tenures Act not utilised by State Government by settling tenants or by way of allotment till coming into..........
