Indian Penal Code, 1860, Section 302 -- Murder - Dead body of deceased found in the field - Informant (PW5) not eye-witness of the occurrence - Star witness (PW3) of prosecution kept in custody in connection with murder of deceased - Answer given by PW3 evasive - Prosecution failed to explain as to under what circumstances PW3 after his arrest in the capacity of offender..........
Criminal Procedure Code, 1973, Section 210, 190 -- Private complaint and police investigation in respect of the same offence - In case investigation by police is in progress in respect of the same offence then proceedings of complaint case are to be stayed and Magistrate to call for record of police officer conducting the investigation - Provision of S.210 Cr.P. can be..........
Civil Procedure Code, 1908, Section 144, Order 9, Rule 13 -- Restitution - Exparte decree set aside under Order 9 Rule 13 CPC - Benefit of restitution under Section 144 is available - Proceeding under Order 9 Rule 13 CPC is `the other proceeding' within the meaning of Section 144 of the Code...........
Specific Relief Act, 1963, Section 6 -- Regular suit for recovery of possession - Not barred by Section 6 of the Act - Relief available under the provision of Section 6 of the Act is an additional mode of relief and it does not affect the relief available under the civil law...........
Punjab Regional and Town Planning and Development Act, 1995 -- Section 91(2)(h) - Enhancement of Price of Flats - Housing Scheme floated by PUDA - Advertisement inviting applications - Tentative cost of Flats fixed - Clause regarding revision of Price - Undertaking by applicant to abide by the terms and conditions of scheme - Further understanding to pay higher cost -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - It is necessary to specifically aver in complaint that at the time offence was committed, the person accused was in-charge of and responsible for conduct of business of company - Without such an averment in complaint the requirement of Section..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - It is necessary to specifically aver in complaint that at the time offence was committed, the person accused was in-charge of and responsible for conduct of business of company - Without such an averment in complaint the requirement of Section..........
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 446 -- Dishonour of Cheque - Provision of Section 446 of Companies Act has no application to the provisions of Section 138 of Negotiable Instruments Act - Section 138 of NI Act has overriding effect over section 446 of Companies Act - Order staying proceedings under section 138 because of Section..........
Hindu Marriage Act, 1955, Section 13, 10 -- Physical violence is not absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of Section 10 of the Act - Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to..........
Insurance claim -- Medi-claim policy - Exclusion clause - Treatment arising from or traceable to pregnancy (including voluntary termination of pregnancy) and childbirth (including ceasarian section) & Complainant's wife pregnant and admitted in hospital due to deteriorating condition - On Sonography the child in the womb was found to have expired - Held that the view of..........
