Criminal Procedure Code, 1973, Section 320(6), 401 -- Revision - Power to compound offences - Held, S.320(6) Cr.P.C. confers powers upon High Court and Sessions Court acting in the exercise of its powers of revision u/s 401 to allow any person to compound any offence which such person is competent to compound under this section...........
Indian Penal Code, 1860, Section 467 -- Forgery - Essential ingredients are : (1) the document in question so forged; (2) the accused who forged it; (3) the document is one of the kinds enumerated in the aforementioned section...........
Consumer Protection Act, 1986, Section 2(1),(d),(o), Electricity Act, 2003, Section 145 -- Consumer - Service - Electricity disconnection - Jurisdictional bar - Supply of electric energy by the Nigam falls under Section 2(o) of the Act - National Commission has not addressed the question as to whether consumer of electricity is covered by the definition of Consumer as..........
East Punjab Urban Rent Restriction Act, 1949, Section 2(dd) -- Non resident Indian - Owner of Indian origin but British Citizen - May be staying in India, but being British Citizen deemed to be permanently settled outside India and reside in Country of his citizenship - Satisfy requirement of section 2(dd)...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B(1) -- NRI owner of property for a period of five years - Bar contained in proviso to section 13B(1) applicable in respect of the property purchased for the first time - Not applicable in case of inheritance...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Ejectment by Non resident Indian - One of the co-owner satisfying requirements of Section 13B - Entitled to seek eviction of tenant even if other co-owner do not satisfy the requirements of section 13B...........
Consumer Protection Act, 1986, Section 22(2) -- Review - Additional documents filed in SLP which were neither before the National Commission or any of the two Fora below - Cannot be made the basis for reviewing the order - Order as it stands does not have any error apparent calling for its recall under Sub-section (2) of Section 22 of the Act...........
Industrial Disputes Act, 1947, Section 2(oo)(bb) , 25F -- Termination - Nothing placed on record by the respondent - management that the petitioner - workman was engaged only on contractual basis for a specific work for a fixed period of 8 months - The provisions of Section 2(oo)(bb) do not have any application to the facts of the present case and as the case is one of..........
Industrial Disputes Act, 1947, Section 25F , 11 -- Burden of proof - Adverse inference - Held that onus to prove that a workman had worked for a period of 240 days, lies on the workman - The workman had not only stated so in his statement of claim, affidavit and his evidence, but had also filed an application under Section 11 of the Act, requesting the Labour Court to..........
Industrial Disputes Act, 1947, Section 25G -- Principle of first come last go - Held that the completing of 240 days of continuous service is not a prerequisite for the application of Section 25G and H of the Act...........
