Punjab Pre-emption Act, 1913, Section 28A, 21A -- Section 28-A applicable to a case where improvement of status is pleaded in defence - Plea of improvement in status on the basis of second sale - Not available when second sale itself subject-matter of second suit...........
Punjab Pre-emption Act, 1913, Section 21A -- Improvement in status by acquisition for the purpose of Section 21-A - Means a status which is undisputable and/or not amenable to challenge and not the one in controversy or subject matter of challenge before a competent Court - Defence of improvement in status based on second sale for purpose of first suit - Cannot be accepted..........
Evidence Act, 1872, Section 115 -- Feeding the grant by estoppel, doctrine of - Stands statutorily v recognised in India by Section 43 Transfer of Property Act - Rule is that if a man, who has no title whatever to the property, grants it by a conveyance which in form carries the legal estate, and subsequently acquires interest sufficient to satisfy the grant, the estate..........
Evidence Act, 1872, Section 115 -- Estoppel by deed - Donors had not acquired title to property yet they gifted the property - Had a pre-existing interest in property and right to partition upheld by preliminary decree - Gift of property covered by preliminary decree - By subsequent decree donors acquired a clear and complete title in the same property - Rule of estoppel..........
Criminal Procedure Code, 1973, Section 202, 203, 156(3), 173(1) -- Complaint - Courses open to Magistrate who receives police report u/s 173(1) on an order of investigation u/s 156(3) are: (1) May decide that there is no sufficient ground for proceeding further and drop the case; (2) May take cognizance of an offence under Section 190(1)(b) on the basis of the police..........
Marine Insurance Act, 1963, Section 3,4 -- Marine cargo policy - Carrying special condition covering the risk for the `consignor's warehouse to consignee's warehouse' - Held that as per terms of the policy case covered by Section 4(1) of the Act and not by Section 3 of the Act...........
Constitution of India, 1950, Article 226 -- Petitioner not approached Court with clean hands - Made false averment in writ petition and tried to mislead Court in believing that second enquiry conducted behind his back and impugned order liable to be invalidated on ground of violation of basics of natural justice and succeeded in persuading Court to entertain writ petition..........
Criminal Procedure Code, 1973, Section 386 -- Powers of Appellate Court - In a case based upon direct eye-witness account the testimony of the eye-witnesses is of paramount importance and if the Appellate Court reverses the finding recorded by the Trial Court and acquits the accused without considering or examining the testimony of the eye-witnesses, it will be a clear..........
Criminal Procedure Code, 1973, Section 174 -- Inquest proceedings - Section 174 Cr.P.C. does not contemplate that the manner in which the incident took place or the names of the accused should be mentioned in the inquest report...........
Constitution of India, 1950, Article 226 -- Challenge to order passed in appeal under Section 9 Punjab Public Premises and Land (Eviction and Rent Recovery) Act directing petitioner to deposit lease amount and interest alongwith sublet fee and if amount not deposited within prescribed time to be ejected from premises in dispute-Necessary proceedings under the Act having..........
