Specific Relief Act, 1963, Section 38 -- Permanent Injunction - Suit by Gram Panchayat restraining defendant from obstructing in construction work of Panchayat Ghar on suit land - Decreed by Courts below - Suit land reserved for benefit of village community and being used for common purposes - Shamlat land within meaning of Section 2(g)(4) of Punjab Village Common Land..........
Consumer Protection Act, 1986, Section 2(1)(g), 13, 14(1)(d) -- Refund - Compensation - Commercial space - Amount deposited for purchase -Complaint alleging deficiency in service on the part of respondents in changing area of plot and price and seeking refund - Complaint dismissed by State Commission holding that the dispute raised with regard to various clauses of..........
Consumer Protection Act, 1986, Section 13 -- Cheque - Loss of - Payment not received by appellant-complainant - Complaint filed dismissed by State Commission with observation that the Bank on which the cheques were drawn no impleaded as party and there are large number of questions of facts and relegated complainant to approach appropriate Court - Held that the Consumer..........
Indian Penal Code, 1860, Section 302 -- Murder - Murder of father - Appellant knocked down his father - Quarrel triggered by a petty matter like cutting off of a polythene water pipeline - Appellant chopped off his neck with a khukari, severing head from body and placed severed head on rooftop of hencoop - Cannot be said that appellant caused death of deceased under grave..........
Criminal Procedure Code, 1973, Section 133, 397(3), 482 -- Second revision - Power under Section 482 Cr.P.C. has to be exercised sparingly and such power not to be utilized as a substitute for second revision - Ordinarily, when a revision has been barred under Section 397(3) of the Code, the complainant or the accused cannot be allowed to take recourse to revision before..........
Criminal Procedure Code, 1973, Section 239, 240, 397 -- Framing of charge - Challenge as to - By filing revision - Examination of record by revisional Court as if it would determine the issue after leading evidence and in a trial - He has also weighed the correctness of the allegations made in the FIR and the statements under Section 161 Cr.P.C. to arrive at a conclusion..........
Punjab Municipal Act, 1911, Section 195A(2), 189(1)&(2), 234, Criminal Procedure Code, 1973, Section 468 -- Continuing offence - Notices issued by Nagar Council stating therein that the respondents had started construction without obtaining requisite sanction from the Nagar Council - They were asked to stop the construction and demolish the construction which they have so..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - 18 injuries inflicted with knife and iron chains - Medical opinion that injuries not sufficient to cause death - However, circumstances surrounding the attack, its ferocity, the weapons used in the attack, the manner in which they were used, the large number of injuries on the person of the complainant are..........
Indian Penal Code, 1860, Section 302, 34, 304II -- Murder - No eye witness to the incident - Incident occurred all of a sudden and without premeditation - In view of the matter Exception IV to Section 300 IPC is attracted - Conviction altered from Section 302 IPC to Section 304-II IPC - Sentence reduced to period already suffered (4 years 4 months)...........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Milk - Sample found adulterated - Public Analyst Report - Report of public analyst received after filing of complaint within time - Prayer for sending second sample was to be made immediately - But application moved after delay of 10 months - After delay of 10 months sample of milk cannot be sent for second..........
