Criminal Procedure Code, 1973, Section 221 -- Separate charge - Framing of - Trail court has framed charge u/s 306 IPC and 3/4 of the DP Act - Charge u/s 304(Part I)PC has already been framed on the same day - Held, both offence are distinct in nature - One of the charge is with regard to suicide and second charge is with regard to homicide - According to the provisions of..........
Hindu Marriage Act, 1955, Section 9, 13 -- Divorce petition - Restitution of conjugal rights - Petition under Section 13 of the Act filed by husband and petition u/s 9 of the Act filed by wife - Those were not consolidated before concluding the evidence in petition under Section 13 of the Act - Held, learned trial Court has rightly observed that evidence recorded in..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(6) -- Challenge to action taken by Gram Panchayat to allot residential plots to families of weaker section of Society, out of land which is Maqbuza charand/Banjar Qadim/Panchayat Deh - Grievance of petitioner that they, as proprietors and other share holders of MC are in actual physical possession thereof..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(o) -- Consumer - Service - Post Retirement Complementary Passes - Held that service in question even though freely provided by the OP Authority to its employee including retired employee would be service within definition of Section 2(1)(o) of the CP Act - Fora below held right in categorizing the dispute between the..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(o) -- Consumer - Service - Post Retirement Complementary Passes - Held that service in question even though freely provided by the OP Authority to its employee including retired employee would be service within definition of Section 2(1)(o) of the CP Act - Fora below held right in categorizing the dispute between the..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(o) -- Railway Servants (Pass) Rules, 1986, Rule 3(b)(viii) - Consumer - Service - Post Retirement Complementary Passes - Held that service in question even though freely provided by the OP Authority to its employee including retired employee would be service within definition of Section 2(1)(o) of the CP Act - Fora below..........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Reinstatement - Finding of fact by Labour Court that the respondent - workman completed 240 days of his employment - Services terminated in complete violation of provisions of Section 25F of the Act - After termination of the respondent - workman another person appointed against the vacancy caused on his..........
Punjab Animal Husbandry (Class, I) Service Rules, 1996, Rule 5, Punjab Scheduled Castes and Backward Classes (Reservation in Service) Act, 2006, Section 4 -- A and 4(4) - Cadre - Integration of cadres - Financial benefit - On completion of 8/18 years of service - Promotion - Reservation - Private respondents who are placed as Deputy Directors/Assistant Directors/Senior..........
Criminal Procedure Code, 1973, Section 439, 389 -- Bail - Grant of - Appellant was charged with committing an offence punishable under Section 302 IPC on 08.08.2003 - Trial Court has returned a conviction on the basis of Statement as well as recoveries made more than two months after incident - Appellant used to reside in Place `G' where he was arrested from - State..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Non-compliance of - Effect thereof - Held, no, compliance with the provisions of Section 50 shall render the whole evidence and story of the prosecution regarding the search and recovery as also the seizure of the article suspect and that shall result in the accused being acquitted on..........