Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 20 -- Recovery of charas - Non compliance of Section 55 of the Act - Effect of - Case property not produced before area Magistrate - No explanation for the same - Breach of Section 55 fatal...........
Punjab Pre-emption Act, 1913, Section 15 -- Land owner selling his land in the year 1980 - Provision of Section 15 of the Punjab Pre-emption Act declared to be ultra vires of the Constitution - Son of land owner has no right to seek possession by way of pre-emption under Section 15 of the Act...........
Consumer Protection Act, 1986, Section 14(2A) -- Judgment - Recall/review - President of the District Forum dismissed the case on 23.2.1994 - The lady member partially allowed the complaint vide her dissent judgment of March 3,1994 - President again concurred without recording anything about the complaint having been dismissed by him on merit - Held that the divided..........
Prevention of Terrorism Act, 2002, Section 49(6), Criminal Procedure Code, 1973, Section 439 -- Application of bail filed under Section 49 of Act after period of one year - Held, provisions will have to be considered on parameters of S.439 of the Code...........
Consumer Protection Act, 1986, Section 2(1)(g), 3, Telegraph Act, 1885, Section 7B, Telecom Regulatory Authority of India, Act, 1997, Section 14 -- Telephone bills - Mobile phone connection bill - Private service providers - Arbitration of dispute - Held that the private service providers do not fall under the category of telegraph authority within the meaning of Section..........
Protection of Women from Domestic Violence Act, 2005, Section 2(q), 12 -- Female relatives of husband - Can be arrayed as respondent - Definition of respondent as defined in Section 2(q) of the act includes a female relative of the husband or the male partner - Women can be added as a respondent in an application under Section 12 of the act...........
Family Courts Act, 1984, Section 10(1), Civil Procedure Code, 1908, Order 39, Rule 2-A -- Family court can resort to O.39.R.2A in a case of breach of its order as it is a civil court - It has inherent power under Section 151 CPC to pass order to effectuate its own order...........
Divorce Act, 1869, Section 10, Protection of Women from Domestic Violence Act, 2005, Section 31, 32, 19, 20, 21, 22, Civil Procedure Code, 1908, Order 39, Rule 2-A -- Wife filed petition for divorce - During pendency of petition, wife sought protection under Section 18 to 22 of Domestic Violence Act - Family court granted protection - Breach of protection order by husband..........
Medical negligence -- Delivery case - Caesarean-section operation - Napkin size Gauge left in abdomen for which second surgery was got carried out from another doctor - The case of complaint supported by medical examination report sonography - The complainant was able to prove her case of medical negligence on the part of the appellant by her own evidence as well as of..........
Civil Procedure Code, 1908, Section 100, 151, Order 41, Rule 2 -- Second Appeal - This court can permit to incorporate substantial questions of law in the memo of appeal by pressing into service Order 41 Rule 2 read with section 151 CPC where the impugned judgment is absolutely without jurisdiction or cannot stand legal scrutiny...........
