Land Acquisition Act, 1894, Section 23(1A), 30(1) -- Section 23(1A) and Section 30 are interconnected...........
Indian Penal Code, 1860, Section 34, 149 -- Accused can be convicted with the aid of Section 34 IPC in place of Section 149 IPC if there is evidence on record to show that such accused shared a common intention to commit the crime and no apparent injustice or prejudice is shown to have been caused by application of Section 34 IPC in place of Section 149 IPC...........
Hindu Succession Act, 1956, Section 14(1), 14(2) -- If a Hindu woman had any existing interest in a property, howsoever small, prior to the enactment of the Hindu Succession Act, 1956, the same would blossom into a full-fledged right by virtue of the operation of Section 14(1) thereof - On the other hand, if such a right was so acquired for the first time under an..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Insurance Act, 1938, Section 64UM - Insurance claim - Repudiation - On the ground that that the complainant by raising fraudulent claim raised an inflated claim which he has not been able to substantiate - Insured should not be non-suited altogether even qua the part of the claim which the company has itself found..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Husband living with another woman - Wife can file complaint u/s 498-A IPC against husband only, for subjecting the wife to cruelty, and not against that woman - Wife can have recourse against that woman under different provisions of Hindu Marriage Act, 1955 but not under Section 498-A IPC...........
Criminal Procedure Code, 1973, Section 167 -- Bail on default - Petitioner arrested u/s 20(B) of NDPS Act when 10.400 kg. ganja recovered from him - Offence punishable with imprisonment upto 10 years - Case covered by Section 167(2)(a)(ii) - Accused would be entitled to be released on bail if the investigation is not completed and charge sheet is not filed within 60 days -..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 212, 215, 464 -- Error in charge - Two women namely `P' and `S' present in the house - Accused charged for assaulting `P' and outraging her modesty after committing trespass into the house - Accused outraged the modesty of `S' but charged with outraging modesty of `P' - Held, conviction cannot be..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B(1) -- Proviso - Bonafide requirement - NRI landlord - One building in possession of various tenants - Possession got of one shop by filing eviction petition u/s 13-B of the Act - Right of summary proceedings cannot be said to be exercised only in respect of one of the said units - Room in a building cannot be..........
Civil Procedure Code, 1908, Section 80 -- Notice - Suit against Govt. and private defendant - A notice under Section 80 of the Code, only 15 days time was given and not 60 days as required under law - However, suit filed after 60 days - Held, error of 15 days instead of 60 days should have been ignored in view of S.80 (3) of Code especially when in notice plaintiff has..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 21(b) -- Banking service - Vicarious liability - The fraud and embezzlement was committed by the employees of the OP-Bank in the Course of employment - The State Commission rightly held that the OP/petitioners was vicariously liable for the action of its employees - No interference called for in exercise of..........
