Punjab Panchayati Raj Act, 1994, Section 19 -- Election - Removal of Sarpanch - Section 19 of the Act prescribing the removal of Sarpanch by passing resolution of No Confidence Motion, omitted by State Govt - Neither the removal of the earlier elected Sarpanches was de-notified nor elections of newly elected Sarpanches were notified, till the omission of S.19 of the Act by..........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Accused stabbed deceased twice in the thigh and only once in the chest and fled away from the scene of occurrence - Attack neither premeditated nor pre planned - Accused did not cause all the injuries on the vital part of the body - Held, if accused intended to kill the deceased, it is unlikely that he would flee from..........
Industrial Disputes Act, 1947, Section 2(oo), 25 -- B, 25 - F,25 - G and 25 - H - Termination - Continuous service - Principle of 'last come first go' - Except for short breaks of a few days, the service of workman was extended from time to time and that workman had completed nearly 2 - 1/2 years of service under the management - The definition of continuous service..........
Criminal Procedure Code, 1973, Section 313 -- Statement u/s 313 Cr.P.C. - Object - Held, S.313 Cr.P.C. has been provided to give accused a fair chance to explain his stand with regard to circumstances in evidence which have been collected against him and has come on record during trial - This provision has been cautiously incorporated in the Code so that accused gets a..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 13B -- Appeal against order of eviction and order of imposing penalty - Waiving condition of depositing penalty - Held, there is no indication in the proviso, that jurisdiction of appellate Judge is excluded altogether to waive the penalty and thus, the inherent rights of the appellate Judge to waive the condition..........
Consumer Protection Act, 1986, Section 14 -- Limitation Act, 1963, Section 14 - Summary Jurisdiction - Banking service - Fixed deposits - Fraud and forgery - Serious allegations relating to fraud, forgery and connivance of bank have been leveled on the part of the bank with regard to FDR's - In the present case proper course for the appellant is to approach the civil Court..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(m), Water (Prevention and Control of Pollution) Act, 1974, Section 4 -- Consumer - Person - Pollution Control Board - A statutory corporation constitution u/s 4 of the Act, 1974 - The word 'person' defined in Section 2(1)(m) of the CP Act includes every other association of persons whether registered under the Societies..........
Consumer Protection Act, 1986, Section 2(1)(d), 2(1)(m), Water (Prevention and Control of Pollution) Act, 1974, Section 4 -- Consumer - Person - Pollution Control Board - A statutory corporation constitution u/s 4 of the Act, 1974 - The word 'person' defined in Section 2(1)(m) of the CP Act includes every other association of persons whether registered under the Societies..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 32 -- Accused four in numbers, armed with country made pistols, shouted at each other that deceased should be done away with - Appellant fired shot at deceased from near - All the four acquitted by the trial court - On appeal, High Court convicted appellant, though maintained acquittal of other three..........
Delhi Special Police Establishment Act, 1946, Section 3 -- Investigation into illegal mining - Powers vested in the CBI to investigate the same - Plea that CBI lacks jurisdiction to investigate offence u/s 22 of the MMRD Act as cognizance of the offence under section 22 of the Act by Court is not permissible except on written complaint by authorized officer - Held, plea..........
