Punjab Panchayati Raj Act, 1994, Punjab State Election Commission Act, 1994, Section 76,77,100,103 -- of as requisite security has not been deposited - of ,R. - Election petition dismissed by Tribunal on ground of non-compliance of provisions of Act of and ,R. 52 - Held, Rule 52 does not bar appeal under Section 100 to High Court - Appeal against order rendered by..........
Criminal Procedure Code, 1973, Section 172 -- Case diary in connection with the missing complaint - It was in the form of loose papers tagged together - It was not even paginated - Held, Section 172 (1-B) of the Code as amended mandates that diary shall be in volume and duly paginated - Direction issued to all concerned to adhere the mandate...........
Statute -- Interpretation - Non obstante clause - Non obstante clause is used to avoid the operation and effect of all contrary provisions - To attract the applicability of a non obstante clause, the whole of the Section, the scheme, the objects and reasons for the enactment of the Act must be kept in mind...........
Statute -- Interpretation - Non obstante clause - Non obstante clause is used to avoid the operation and effect of all contrary provisions - To attract the applicability of a non obstante clause, the whole of the Section, the scheme, the objects and reasons for the enactment of the Act must be kept in mind...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Discharge of accused sought by police - Legality of - Held, when a person is summoned under Section 319 of the Code by the Trial Court to face trial as an additional accused, police has absolutely no right to ask for the discharge of the accused simply because police has not found him involved in the..........
Right to Information Act, 2005, Section 4, 6, 7, 8 -- Information sought related to the supply and distributor of LPG - Information, though denied by Central Public Information Officer and First Appellate Authority, but allowed by Central Information Commission (CIC) - Petitioner impugned the order of CIC allowing information on the plea that it pertained to commercial..........
Criminal Procedure Code, 1973, Section 164 -- Confession - Principles governing - (i) The provisions of Section 164 Cr.P.C. must be complied with not only in form, but in essence; (ii) Before proceeding to record the confessional statement, a searching enquiry must be made from the accused as to the custody from which he was produced and the treatment he had been receiving..........
Consumer Protection Act, 1986, Section 2(1)(r), 2(1)(g), 14(1)(d) -- Motor car - Unfair trade practice - Deficiency in service - Compensation - Purchaser was sold a used car and not a new one - OPs failed to substantiate their claim that the Complainant had accepted that car with this knowledge - The conduct of the OPs will amount to an unfair trade practice within the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 2(47), 3, 75(2) -- Insurance claim - Repudiation - Driving licence invalid - Driving licence of the driver was for driving an LMV i.e. a private vehicle and there was no endorsement in the licence for driving a transport vehicle (i.e. a commercial vehicle) as defined in Section..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), Motor Vehicles Act, 1988, Section 2(47), 3, 75(2) -- Insurance claim - Repudiation - Driving licence invalid - Driving licence of the driver was for driving an LMV i.e. a private vehicle and there was no endorsement in the licence for driving a transport vehicle (i.e. a commercial vehicle) as defined in Section..........
