Criminal Procedure Code, 1973, Section 360, Indian Penal Code, 1860, Section 304 -- Part II, Probation of Offenders Act, 1958, Section 4 - Probation - Accused convicted under section 304 Part II IPC for causing death - Held, benefit of probation cannot be given to the convict - Convict 17 years of age at the time of incident - Convict already undergone 9 months and 3 days..........
Industrial Disputes Act, 1947, Section 2(oo), 25(B)(2)(a), 25F -- Termination - Continuous service - As per Section 25 - B(2)(a) of the Act, the period of one year is to be taken with reference to the date of termination - It would be 12 months preceding the date of his termination - Service of the workman terminated on 1.7.2003 - 12 preceding months would be from..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 16 -- Proviso - Shamlat deh - Came to be vested in Village Gram Panchayat under Punjab Village Common Land (Regulation) Act, 1953 - Whole village declared to be a municipal area - Plea that Shamlat land would revert back to proprietors of the village - Held, plea not tenable - After repeal of Act of 1953, the..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix eloped with the accused - Not a case of `taking away' - Prosecutrix more than 17 years, hence mature enough to import what she was doing - Section 363 and 366 IPC not attracted...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery from one accused who had taken it for the second accused - On the asking of IO money handed over to the second accused from whom the money again recovered - Accused A acquitted when complainant turned hostile qua him - Accused B convicted - Held, presumption of Section 20 of the Act..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Indian Penal Code, 1860, Section 193 -- Corruption case - At trial, complainant turned hostile - Complainant ordered to be prosecuted under Section 193 IPC...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Commercial purpose - Motor car - Purchase of Omni 8 seater - The purpose of purchase of the vehicle in question by the appellant was not exclusively commercial as it was purchased by her for her own use as also for family convenience - It was not registered as a transport vehicle - Findings by the Fora to the..........
Consumer Protection Act, 1986, Section 2(1) -- Consumer - Banking service - Crop loan - The OPs No. 1 to 3 have charged the complainant for service rendered such as lending of loan, collection of insurance premium, Etc. - Complainants held to be consumers of OP Nos. 1 to 3 as defined in Section 2(1) (d) r/w Section 2(1) (o) of the CP Act...........
Consumer Protection Act, 1986, Section 2(1)(g), 13(4)(iii) -- Crop loan - Compensation - Procedure - Admissibility of documents - The OP No's 1 and 2 had at no point of time denied the genuineness of the documents as also they had refrained from raising any objection at the time of marking Xerox copies of the receipts as exhibits before the District Forum - The documents..........
Central Reserve Police Force Act, 1949, Section 11, 12 -- Absence from duty - Dismissal - Section 11 of the Act does not restrict the punishing authority to award only minor punishments prescribed under Section 11(1) of the Act - This Section is an enabling Section which empowers the punishing authority to award anyone or more of the minor punishments to any members of the..........
