Punjab Co-operative Societies Act, 1961, Section 63, 56, 22 -- Arrest of legal representative of debtor for recovery of debt of deceased borrower - Illegal - Loan taken under the Act - Death of borrower without payment of loan - Son of borrower cannot be proceeded against personally and such action not justified even under Section 69 Punjab Land Revenue Act...........
Punjab Co-operative Societies Act, 1961, Section 22 -- Cashier working for Co-operative Society - Liability of - Not covered by Section 22...........
Statute -- Inconsistent provisions - Duty of Court - (1) It is the duty of the courts to avoid a head-on clash between two sections of the Act and to construe the provisions which appear to be in conflict with each other in such a manner as to harmonise them; (2) The provisions of one section of a statute cannot be used to defeat the other provisions unless the court, in..........
Sale deed -- Registration - Valuation - Reference to Collector - `Reason to believe' occurring in sub-section (2) of S.47A of Indian Stamp Act, 1899 - Meaning and scope - Formulation of requisite belief - Not matter of purely subjective satisfaction - Reasonable belief to be reached on objective satisfaction - There must be some material, direct, circumstantial or even..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- List of witnesses - Though the wording of S.204(2) Criminal Procedure Code is mandatory, it is only in the nature of directory and non-furnishing of list of witnesses is only an irregularity which can be cured under Section 465 Criminal Procedure Code...........
Indian Penal Code, 1860, Section 2(21) -- General Insurance Business (Nationality) Act, 1972 - Taking out Insurance Policy is statutory obligation - All the General Insurance business is Government monopoly - Government has the control over the Insurance Companies - Employees of General Insurance Companies are public servants for the purpose of Section 2(21) of Indian..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Order of - Once the order for maintenance is passed against a wife under section 125 Cr.P.C., it becomes permanent liability of the husband to provide such maintenance to the wife so long as she is alive and is otherwise not disentitled as a result of happening of any event contemplated under section 125 Cr.P.C. -..........
Transfer of Property Act, 1882, Section 52, Specific Relief Act, 1963, Section 19(b) -- During pendency of suit for specific performance suit property transferred by vendor to subsequent purchaser - Subsequent purchaser cannot set up any right against contractor even though he has obtained transfer without notice of original contract - Subsequent transferee cannot set up..........
Criminal Procedure Code, 1973, Section 125, 482, Constitution of India, 1950, Article 227 -- Maintenance - Revision dismissed by Sessions Judge - Second revision before High Court is barred - It requires very exceptional circumstances to warrant interference under Article 227 - Question of invoking jurisdiction under Section 482 does not arise...........
Criminal Procedure Code, 1973, Section 313 -- Scope - Very wide and not a mere formality - All incriminating evidence against the accused is to be put to accused in his statement u/s 313 Cr.P.C. so as to provide him an opportunity to explain such incriminating circumstances appearing against him in the evidence of the prosecution permitting accused to put forward his own..........
