Evidence Act, 1872, Section 111 -- Proof of good faith and fiduciary relationship - Section 111 applies when the bonafides of a transaction is in question, not when the real nature thereof is in question - 'Active Confidence' indicate that the relationship between the parties must be such that one is bound to protect the interests of the other - The factum of active..........
Constitution of India, 1950, Article 243 -Q read with Punjab Municipal Act, 1911, Section 4(1) - `Industrial Township' - State Government on its subjective satisfaction can declare an area as `Industrial Township' - Factors to be considered while declaring an area as `industrial township' - Size of the area and the municipal services provided or proposed to be provided by..........
Punjab Municipal Act, 1911 -- Section 28 - No confidence Motion against President - Resolution passed against President of Municipal Committee with full majority - Challenged on the ground that President alone is competent to preside over the meeting and in his absence meeting should have been postponed - Contention Rejected - In the absence of President, the Vice..........
Representation of the Peoples Act, 1951, Section 123 -- 'Corrupt practices' - Distribution of pension - Grant of old age/widow/handicap pensions to several inelligible persons in blatant violation of procedures and rules by returned candidate as Cabinet Minister - Money in the garb of pension presented as gift to voters inducing them to vote in favour of the returned..........
Indian Penal Code, 1860, Section 406, 420 -- Quashing of FIR - Failure to return money, as agreed - In the absence of any circumstances that would give rise to an inference of dishonest or fraudulent intention, at the inception of the transaction, cannot sustain a complaint alleging the commission of offence of cheating - Petitioners received money which they were required..........
Consumer Protection Act, 1986, Section 2(1)(o) -- Service - Electricity energy - Supply of by Nigam - Falls under Section 2(1)(o) of the Consumer Protection Act...........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Death of bride within 1-1/2 years of marriage by 100% burns - Allegation of cruelty and demand of scooter - Allegations levelled against all family members - Appellant husband of deceased, and father-in-law and mother-in-law challaned and found guilty for the offence punishable under Section 304-B/498-A IPC -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18 -- Search - Recovery of smack - Partial offer of search - Accused was given an offer with regard to search being conducted before a Gazetted officer and not before the Magistrate - Partial offer would amount to non compliance of Section 50 of the Act - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Company - Director resigned prior to issuance of cheque - No counter credential projected by complainant - Petitioner cannot be fastened with criminal liability under Section 138 of the N.I. Act...........
Specific Relief Act, 1963, Section 16(c) -- Ready and willing - Basic principle behind Section 16(c) read with Explanation (ii) is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless throughout entitling him to the specific relief - The provision imposes a personal bar - Court is to grant relief on the..........
