Land Acquisition Act, 1894, Section 5A, 4, 6 -- Land Acquisition - Notice not issued to land owner inviting objections against the acquisition - Section 5-A relating to inviting objections is mandatory - Right of hearing contemplated by Section 5-A is akin to fundamental right - It is not an empty formality - Notification quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Prevention of Corruption Act, 1988, Section 4(1) -- Jurisdiction of special court - Accused committed crime involving three offence under IPC, under NDPS Act and Prevention of Corruption Act - Accused filed bail application in Special Court constituted under NDPS Act - Court came to the conclusion that it..........
Consumer Protection Act, 1986, Section 11 , 14 -- Telegraph Act, Section 7B - Jurisdiction - Telecommunication Services - Complaint maintainability - There is implied bar to invoke the provision of CP Act in view of Section 7B of the Telegraph Act - The Commission has no jurisdiction to entertain and adjudicate upon the appeal - Appeal dismissed without prejudice to the..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 45 - Insurance claim - Repudiation - Suppression of material fact - Burden of proof - The onus to prove of suppression of material facts is on the insurer - The insured made a wrong statement while filling in the proposal form that he had suffered from Enteric Fever and that he was admitted in..........
Liquified Petroleum Gas (Regulation of Supply and Distribution) Order, 1988 -- Defective cylinder - Privity of contract - Dealer and Manufacturer - Liability for damages - Contract of Manufacturer with dealer on principle - to - principle basis - No privity of contract of manufacturer with the complainant - On leakage of gas and on ignition of matchstick entire kitchen..........
Indian Penal Code, 1860, Section 363 -- Kidnapping - Conduct of Prosecutrix - Prosecutrix visiting several places with accused and permitting to have sex with her - Prima facie shows that she was consenting party - Conviction cannot be sustained under Section 363 IPC...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 4(1) - - Ejectment petition - Tenant taking objection that ejectment petition incompetent because the tenanted premises have been ordered to be resumed by the competent authority in terms of provision of section 4(1) of the Act of 1971 - Resumption order yet to attain finality - Held, plea of the tenant not tenable..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Criminal Procedure Code, 1973, Section 202, 156(3) -- Complaint case - Once Magistrate takes cognizance of an offence, he cannot order investigation under Section 156(3) - Section 156(3) is to be resorted to before taking cognizance, whereas Section 202 of the Code is to be invoked after cognizance is taken after the complaint but before issuance of process...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Investigating agency submitting final report to Magistrate under Section 173(2) - Police can still conduct further investigation in respect of an offence under section 173(8) Cr.P.C...........
