Criminal Procedure Code, 1973, Section 173 -- Investigation - Murder case - Charge sheet submitted after investigation - High Court found charge sheet as one sided and biased - Ordered fresh investigation by independent agency - Order of High Court upheld - Held : (a) Fair investigation like fair trial is a constitutional right guaranteed under Articles 20 and 21 of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 43 -- Allegations of possession of chars in bags by three accused - Accused contended that police officer who made seizure, had throughout mentioned that there was chars with accused persons who were traveling in train - Thus he was already aware about contraband possessed by the accused - Procedure under..........
Consumer Protection Act, 1986, Section 24A, 2(1)(g), 14(1)(d) -- Limitation - Insurance claim - Plea that in terms of clause 12 of the Insurance Policy the complaint not filed within 12 calendar months from the date of repudiation i.e. by letter dated 16.6.1989 hence barred by limitation repelled - Held that the limitation of 12 calendar months for filing the claim after..........
Motor Vehicles act, 1988, Section 149(2), 166 -- Accident - Compensation - Liability of insurance company - Liability cast on the insurer on the ground that the driver of the bus was found to be responsible for accident - Insurance company raised challenge against the liability, contending that driver of the bus was not holding valid driving licence at the time of accident..........
Motor Vehicles Act, 1988, Section 140 -- No fault compensation - meaning - As the expression `no fault' suggests the compensation under section 140 is regardless of any wrongful act, neglect or default of the person in respect of whose death the claim is made...........
Civil Procedure Code, 1908, Section 148, M.P.Accommodation Control Act, 1961, Section 12(1)(k) -- Whether court can extend time beyond 30 days as stipulated under Section 148 CPC - Held, Yes - Inherent powers of the court to pass order necessary for meeting the ends of justice and preventing abuse of the process of the court cannot be taken away by putting an upper limit..........
Motive -- There is no absolute legal proposition of law that in the absence of any motive an accused cannot be convicted under Section 302 IPC...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bona fide requirement - If a residential premises is leased out for a business or trade purpose without obtaining the permission of the Rent Controller under Section 11 of the Act, it continues to be a residential building and the landlord is entitled to get it vacated for his personal use and occupation...........
Criminal Procedure Code, 1973, Section 173(3), 173(8), 482 -- Murder case - Charge sheet submitted in the court after the completion of investigation - Case pending trial in the court of Sessions Judge - Father of the accused filed petition in the High Court under Section 482 that investigation was not fair - High Court sought report of DGP about the fairness of..........
Criminal Procedure Code, 1973, Section 173(3), 173(8) -- Further investigation and re-investigation - Distinction - Re-investigation is forbidden in law and no superior court would ordinarily issue such a direction - However, further investigation is permissible under Section 173(8) Cr.P.C...........
