Constitution of India, 1950, Article 21 -- Prevention of Food Adulteration Act, 1954, Section 16(1) (a) to (g) - Speedy trial - Whether the sentence than the minimum prescribed under the Prevention of Food Adulteration Act, 1954 can be granted to a person who has been convicted for the offence of adulteration? - Sample was taken on 18.2.1986 - Since then petitioner..........
Penal Code, 1860, Section 302,34,377 -- Evidence Act, 1872, Section 118 - Murder Reference - Murder - Sodomy - Testimony of Child Witness - Quantum of sentence - Death sentence - Prosecution case that appellants-accused firstly committed sodomy and then they allowed the victims to die by way of drowning - Victims aged 9 years and 8 years respectively - Prosecution story..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 22 -- Restoration of possession of allotted area by Prescribed Authority - Collector (Prescribed Authority) under Section 22 should give a specific finding whether surrender of possession of allotted land from surplus pool was voluntary or involuntary - In case found to be dispossessed involuntarily - Allottee would..........
Penal Code, 1860, Section 411 -- Probation of Offenders Act, 1958, Section 4(1) - Sentence - Probation - Stolen articles recovered on the basis of disclosure statement - Prosecution case fully proved by the statements of PWs 1 and PW2 - Petitioner brought no evidence to show that his implication was false - Minor discrepancies in the statements of witnesses - No..........
Opium Act, 1878, Section 9, Criminal Procedure Code, 1973, Section 297(2) -- Criminal - Search and seizure - Link evidence - Affidavit - Recovery of 8 gunny bags of poppy husk from truck - Verification in the three affidavits relied upon by the prosecution not in conformity with Section 297(2) Cr.P.C. - These affidavits not admissible in evidence - Excluding these..........
Consumer Protection Act, 1986, Section 2(1),(e),(g) -- Education - Deficiency in service - Consumer dispute - Imparting of education by University and Institutes - A consumer dispute is cognizable under the C.P. Act against the University and Institutes imparting education and they can be adjudged deficient in rendering service as defined in Section 2(1) (g) of the Act...........
Civil Procedure Code, 1908, Section 152, 47, Order 7, Rule 3, Civil Procedure Code, 1908, Section , Order 20, Rule 3 -- When suit as to immovable property decreed and property not definitely identified - Defect in Court record caused by overlooking of provisions contained in Order 7 Rule 3 and Order 20 Rule 3 - Capable of being cured - Resort can be had to Section 152 or..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 34, 32 -- Decree for specific performance of contract for sale of immovable property - Draft sale deed accompanied by a notice requiring objections to be made by judgment-debtor as provided by sub-rule (2) of Rule 34 of Order 21 not caused to be served by Court - Judgment-debtor repeatedly insisting on draft sale deed..........
Registration Act, 1908, Section 2(6) -- Machinery of Ice Factory, attached to earth or permanently fastened to anything attached to earth - Covered by definition of `immovable property' in Section 2(6)...........
Specific Relief Act, 1963, Section 10 -- Agreement to sell his share by partner after his retirement from partnership firm - Specific performance can be enforced - Addanki Narayanappa's case AIR 1966 S. C. 1300 Not Applicable - Partnership Act, Section 32...........
