East Punjab Urban Rent Restriction Act, 1949, Section 13(a)(i) -- Eviction on ground of bona fide necessity - Failure to plead ingredients of sub-section (b) and (c) in the eviction petition - Held, if parties were fully aware about ingredients of Sub-sec.(b) and (c) at time of leading evidence and both the parties have led evidence on these issues, then petition cannot be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52 -- Temporary injunction - Transferee pendente lite - Law summed up viz. (a) Adequate protection is provided to the parties from transfers pendente lite by Section 52 of the TPA and such transferees are neither required to be impleaded nor can claim impleadment - They cannot even..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by a partnership firm dishonoured because of `death of partner' - Ground on which cheque was dishonoured does not fall within the purview of Section 138 of the Act - Accused acquitted...........
Civil Procedure Code, 1908, Section 100, Wakf Act, 1995, Section 32(2)(i), 89 -- Second appeal - Suit filed by Muthavalli presenting plaintiffs mosque against the officials of the Wakf Board - Wakf Board in second appeal against the judgment and decree of first appellate court - No pre notice as envisaged under section 89 of the Wakf Act issued by the plaintiff - Only Wakf..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Attachment of property in execution of decree - Pre-sale illegality and post sale illegality - Held, pre-sale illegality in execution is amenable to the remedy under section 47 - Post sale illegality or irregularity causing substantial injury to judgment debtor is covered by Order 21 Rule 90 of the Code...........
Evidence Act, 1872, Section 32 -- Dying declaration - Statement of a person who after making the statement does not die cannot be treated as a dying declaration - However, it may be treated as a statement under Section 164 Cr.P.C...........
Criminal Procedure Code, 1973, Section 164 -- Confession - Statement that does not prescribe to the procedure laid down in Section 164 of the Cr.P.C. is not admissible as a confessional statement - In the instant case statement not recorded by a Judicial Magistrate and procedural requirements not fulfilled including that of a certificate appended by Magistrate - Held, such..........
Consumer Protection Act, 1986, Section 25, 27, Civil Procedure Code, 1908, Section 47 -- Execution proceedings - Application filed by the appellant before District Forum u/s 47 CPC - Held that the provisions of Section 25 and 27 CP Act do not provide for taking recourse to the provisions of Section 47 CPC...........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of summons of accused,..........
Indian Penal Code, 1860, Section 302, 326 -- Death of Managing Director of hotel when an employee attacked deceased with sickle and caused several injuries on his body - Accused convicted and sentenced u/s 302 IPC - Sentence converted to Section 326 IPC on the following grounds : (a) post mortem report of deceased shows that injuries caused by accused were not the cause of..........
