Evidence Act, 1872, Section 11 -- Relevant fact - Minor omission in FIR does not affect probability of case - However, omission of important fats in FIR comes within purview of said section...........
Consumer Protection Act, 1986, Section 15 -- Second proviso - Appeal - Deposit, in terms of second proviso to Section 15, is a condition precedent for entertaining the Appeal and admitting them to hearing - Since the petitioner failed to deposit the amount in spite of several opportunities given, the Appeal has rightly been dismissed by the State Commission for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21, 25 -- Transportation of 15 Kg. heroine - Prosecution of appellant alongwith three others - Appellant convicted whereas others acquitted - All the accused made confessional statement - Appellant did not retract to his confessional statement - He was the driver of the lorry in which contraband was..........
Consumer Protection Act, 1986, Section 2(1)(f), 2(1)(g), 2(1)(r), 14(1)(d) -- Unfair trade practice - Compensation - Vehicle in question met with an accident in transit and after repairing the damage the vehicle passed on to the complainant as a brand new vehicle by charging the price of a new vehicle - Not only this amounts to defect and deficiency in service on the part..........
Punjab Panchayati Raj Act, 1994, Section 210, Punjab State Election Commission Act, 1994, Section 80, 76, 59, 58 -- Panchayat Election - Declaration of result - Aggrieved candidate - Remedy - To file election petition under Section 89 of the EC Act...........
Insecticides Act, 1968, Section 31 -- Insecticide - Sample found misbranded - Petitioner Managing Director of company - Mandatory sanction not obtained under Section 31 of the Act before launching prosecution - Held, prosecution not sustainable in the absence of sanction - Complaint qua petitioner quashed - If sanction is obtained after launching of the prosecution, it..........
Prevention of Corruption Act, 1988, Section 7, 20(1) -- Illegal gratification - Demand and acceptance - Complainant turned hostile - Complainant admitted signatures on complaint - Independent witness and investigating officer proved the demand by proving complaint given by the complainant in their presence - Tainted currency notes recovered from the accused - Held, when..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Director, Consolidation has no jurisdiction to entertain an application under section 42 of the Act after 25 years of consolidation proceedings - He can entertain the same for limited matters at the instance of right holders at the time of consolidation and the persons acquiring..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint trial - Thirteen cheques issued by the petitioner on different dates - All the cheques presented by respondent with bank on different dates - Cheques dishonoured on different dates - Information in respect to dishonour received on different dates - Legal notices issued in respect of dishonour of..........
Criminal Procedure Code, 1973, Section 22 -- Dishonour of cheque - Joint trial - Thirteen cheques issued by the petitioner on different dates - All the cheques presented by respondent with bank on different dates - Cheques dishonoured on different dates - Information in respect to dishonour received on different dates - Legal notices issued in respect of dishonour of each..........
