Indian Penal Code, 1860, Section 302, 304 -- Part II - Nature of offence - No intention on the part of accused that his action will cause death or such bodily injury as is sufficient in the ordinary course of nature to cause death of deceased - Case not covered under clause (4) of S.300 IPC - Case is covered under Section 304 Part II of IPC...........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Compensation in lieu of reinstatement - Plea of abandonment by the management not accepted - In the absence of any enquiry the order of termination for absence from duty without following the mandate of Section 25F of the ID Act held to be bad in law - From the date of termination till date two decades have..........
Electricity Act, 2003, Section 151, 154, 156 - - Theft of electricity - Power of police to investigate - Held, police has power to investigate theft of electrical energy by instituting an FIR - Offence of theft of electrical energy is a cognizable offence - Thus as per Ss.154 and 156 of the Code of Criminal Procedure, police has power to institute and investigate a..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18 -- Shamlat Deh - Land recorded as `Jumla Malkan Wa Digar Haqdaran Arazi Hasab Rasad', `Jumla Malkan' or `Mushtarka Malkan' - It is ownership of the proprietors of the village abadi - It vests in the Gram Panchayat only..........
Punjab Tenancy Act, 1887, Section 40 -- Order of ejectment - Land was leased out for a period of 20 years - As per the provisions of Section 40 of the Punjab Tenancy Act, 1887, lessees was liable to be ejected from the tenancy land on expiry of lease period - No payment towards damages for use and occupation of the land for a period of more than three decades - Order of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 10 bags of poppy husk each containing 35 kgs poppy husk - Accused found sitting on the bags in fields - Accused acquitted - Held, prosecution case suffers from following infirmities : (a) Informer of secret information not examined; (b) No corroborative evidence that accused indeed collected..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 36A -- Trial under NDPS Act - Designated court gets jurisdiction to decide a case only if the punishment prescribed is more than 3 years - If the punishment prescribed is upto 6 months, trial has to be by a Magistrate under the CrPC - Accused tried for recovery of ganja - Recovery was of cannabis..........
Arms Act, 1959, Section 25, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i) -- Cannabis plant recovered from the possession of the accused during raid - Seizure of the gun effected subsequent to raid - No allegations from any of the witnesses that accused has used such gun - Held, mere seizure of gun powder from the possession of accused does not..........
Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, Section 47 -- Indian Oil Corporation Employees Pre - Mature Retirement Scheme on Medical Grounds - Pre - mature retirement - On medical grounds - Plea that petitioner stands retired prior to the coming into force of the 1995 Act hence Section 47 of the Act not applicable..........
Land Acquisition Act, 1894, Section 48 -- Land Acquisition - Possession of notified land taken over - State is denuded of its power to withdraw from the acquisition in terms of Section 48 of the Act...........
