Haryana Ceiling on Lands Holdings Act, 1972, Section 12(3), Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Vesting of surplus land in State - Suit for Declaration and Permanent Injunction filed by plaintiff-respondent in the year 2002 claiming that orders dated 26-12-1977 and 06-07-1981, whereby land in the hands of predecessors in interest was declared surplus are..........
Haryana Municipal Act, 1973, Section 21, 27, Haryana Municipal Election Rules, 1978, Rule 72A -- No confidence motion against President - Quorum for holding meeting of 'No Confidence Motion' - Section 27 requires quorum of 50% for the transaction of business of the committee at a special meeting - No provision under the Act or Rules which provides quorum for holding..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 42, 50, 52 -- Recovery of Contraband - 390 Kgs. of poppy husk recovered from a Maruti car - Recovery effected on secret information - Secret information duly forwarded to immediate superior Officer - Section 52 of NDPS Act duly complied with - Malkhana Register produced - No contradiction in registration..........
Indian Penal Code, 1860, Section 299(b), 300(3) -- Difference between clause (b) of Section 299 and clause (3) of Section 300 is one of degree of probability of death resulting from the intended bodily injury - To put it more broadly, it is the degree of probability of death which determines whether a culpable homicide is of the gravest, medium or the lowest degree...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Accused escaped from custody of Court - Cognizance taken by Magistrate for offence under Section 224 IPC - During course of trial some witnesses turned hostile - Disciplinary action can be taken against them - District Judge cannot direct police to further investigate matter and file additional charge..........
Indian Penal Code, 1860, Section 306, Evidence Act, 1872, Section 113A -- Abetment of suicide - Demand of Rs.50,000/- by accused-appellant No.1 from his father-in-law to secure job - He had also grabbed his child from her mother (deceased) and filed a divorce petition - This all happened 4-5 months before occurrence - 4-5 days before occurrence appellant No.1 again..........
Consumer Protection Act, 1986, Section 25, 27 -- Procedure - District Forum straightaway issued notice u/s 27 without complying with the requirement of Section 25 - Held to be a patent illegality - Impugned order set aside...........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(o) -- Passport Act, 1967, Section 7 - Consumer - Services - Passport Issuance - Delay in Complaint - Maintainability - Dispute with regard to non-issuance of passport does not constitute consumer dispute - Even when the passport is issued to a person, he would not be construed as consumer in terms of the provisions of..........
Consumer Protection Act, 1986, Section 15, 17(1)(d) -- Appeal -Condonation of delay - Delay of 337 days in filing appeal - Plea of the appellant that copy of the impugned order was not received by the appellant and it cama to notice after intimation about filing of execution application under Section 27 of the Act - Held that delay has to be condoned in order to avoid..........
Criminal Procedure Code, 1973, Section 173(2)(i) -- Police report u/s 173(2)(i) - Options available with the Magistrate are: (1) To accept report and take cognizance and issue process; (2) may disagree with the report and drop proceedings; (3) may direct further investigation and require the police to make a further report - Even if the police report is to the effect that..........
