Contempt of Courts Act, 1971, Section 2(b) -- Contempt - Order as to not to disturb place of posting - Location of posting changed - Held, in the event two interpretations are possible and the action of the contemnor pertains to one such interpretation, then the act or acts cannot be ascribed to be otherwise contemptuous in nature - It is no more res integra that mere..........
Criminal Procedure Code, 1973, Section 145, 146 -- Police submitted report regarding existence of situation likely to cause breach of peace due to dispute regarding possession of properties - Magistrate after issuing notice to both the parties, prohibited them from using properties and directed them to maintain status quo - Held, under section 145 Cr.P.C. no interim order..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 92 - - Suit against trust - Leave to institute - Conditions precedent to attract S.92 of CPC - Held, suit must concern to a Trust for public purpose of religious and charitable nature - Suit must be of a representative character to enforce public rights as against individual interest of plaintiff - Suit must be by..........
Indian Penal Code, 1860, Section 468, 471 -- Criminal and civil proceedings - Complainant alleging mortgage deed in his father's favour - Redemption deed allegedly forged by accused - Complainant filed FIR under Section 468 and 471 IPC - Complainant also filed civil suit seeking declaration of title but failed - In view of findings of civil court, accused acquitted of..........
Customs Act, 1962, Section 102, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Fake currency notes - Recovery when accused entered India from Pakistan - S.102 of Customs Act is in pari materia with Section 50 of NDPS Act - Contention that personal search could be carried before Magistrate or Gazetted Officer not tenable as no personal search of accused..........
Criminal Procedure Code, 1973, Section 439 -- Cancellation of bail - Accused convicted by trial court under Section 420 IPC - Accused filed appeal and granted bail - Accused did not appear on one date and bail cancelled - High Court granted interim bail - Petitioner directed to surrender before the lower appellate court on the next day - Lower appellate directed to grant..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Sword injury on neck of deceased sufficient to cause death - Repeated blows given and accused also committed house trespass - Held, these facts are sufficient to negative the contention of that the act of accused does not travel beyond the four corners of the offence punishable under Section 304 Part I of the..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Sword injury on neck of deceased - Accused B entered the house of the deceased and grabbed deceased from collar - Thereafter accused A appeared at the spot, carrying sword with him and instantly gave repeated sword blows on the neck of deceased - No evidence that accused B was having any knowledge that his..........
Consumer Protection Act, 1986, Section 24A -- Limitation - Cause of action to the complainant arose on 6.10.2003 - Complaint filed after more than two years and two months held not maintainable in view of the provisions of Section 24A of the Act - No application for condonation of delay filed before the District Forum - The District Forum committed error in entertaining..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Industrial plot - Plea by OP that complainant cannot be considered to be a consumer since he had availed the services for commercial purpose - Held that it is not a case of purchase of goods inasmuch as allotment of plot being an immovable property does not fall within the definition of 'goods' in Section 2(1)(i)..........
