Indian Penal Code, 1860, Section 302, 34 -- Probation of Offenders Act, 1958, Section 4 - Appeal against conviction - Lalkara and two blows of knife to the deceased was attributed to appellant `H' which were sufficient to cause death in the ordinary course of nature - Appellant `R' has given only one danda blow which gave only lacerated wound to the deceased - Difficult to..........
Consumer Protection Act, 1986, Section 2(1)(g), 14 -- Insurance Act, Section 45 - Insurance policy - Repudiation of claim - Ground that the insured had concealed material facts relating to his Illness and disease while submitting the proposal form - Sometimes constipation and sometimes loose motion will not be treated as a serious disease of which any notice could be taken..........
Employee's State Insurance Act, 1948, Section 2(22), 39, 40 -- Suspension - Contribution during suspension pending domestic enquiry - A suspended employee and his employer are liable to remit the contributions under the Act in connection with the subsistence allowance amounts received by suspended employee during period of his suspension - Subsistence allowance paid to an..........
Employee's State Insurance Act, 1948, Section 2(22) -- Wages - Suspended employee - Subsistence allowance to an existing employee though suspended by employer forms part of wages as per sub-section (22) of Section 2 of the Act - On the said amount the employee is liable to contribute u/s 39 by way of employee's contribution...........
Punjab Town Improvement Act, Section 40,24,25,28(2) -- Abandonment of Scheme - Power to abandon Scheme statutorily recognised under Section 40 - No statutory bar that a fresh Scheme should not be framed in respect of same lands after abandonment of previous Scheme - Previous two Schemes (of 1978 and 1984) not implemented for want of funds - Fresh Scheme (of 1993) includes..........
Punjab Town Improvement Act, Section 40(2)(vi),26,27,101 -- Re-housing Scheme, provision or proposal for - Not a condition precedent for validity of Scheme itself - Section 27 only provides that Development Scheme should not be implemented until such a Re-housing Scheme is completed - Failure to furnish a statement regarding Re-housing Scheme - Only an irregularity -..........
Punjab Town Improvement Act, Section 40(3) -- Does not provide that opportunity should be given to file objections or to give any hearing - Merely provides for publication for the information of the public - Sub - section (3) of Section 40 does not confer any right upon general public to submit any objection to the Scheme submitted for sanction of Government by Improvement..........
Punjab Courts Act, 1918, Section 41 -- Concurrent findings of fact - Second appeal in High Court - Can lie only on grounds mentioned in Section 41 and on no others...........
Punjab Courts Act, 1918, Section 41 -- Second appeal - Plea that plaintiff not ready and willing to perform his part of contract - Question of fact - Cannot be raised in second appeal - Civil Procedure Code, Section 100...........
Specific Relief Act, 1963, Section 20 -- Principles contained in clauses (a), (b) and (c) of sub-section (2) of Section 20 not exhaustive - Court's discretion to decline grant of specific performance not confined to them - Special cases when good and reasonable ground for not exercising this discretion - Court will not hesitate to exercise that discretion against the..........
