Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326(3), 482 -- Dishonor of cheque - Summary trial - To be conducted as summary trial w.e.f. 6.2.2003 - Offence of dishonor of cheque committed before 6.2.2003 - No part of the trial held in a summary way and even accused never raised any objection to that - No prejudice can be said..........
Punjab Panchayati Raj Act, 1994, Section 208(1)(k), Punjab State Election Commission Act, 1994, Section 11 -- Election of member Panchayat - Candidate in unauthorized occupation of Panchayat land - Not a disqualification, under Section 11 of Punjab State Election Commission Act, later in time compared to Panchayati Raj Act - Section 11 overrides Section 208(1)(k) where..........
Haryana School Education Act, 1995, Section 8(2) -- Termination - Taking over of school - Appointment of Administrator - Appointment of petitioner against non sanctioned post of Library Restorer - Subsequently on falling vacant post of clerk in a non - sanctioned post that had grant in aid management of society purported to have appointed the petitioner as clerk - - While..........
Dowry Prohibition Act, 1961, Section 6(3), Indian Penal Code, 1860, Section 304B, 306 -- Dowry death - Deceased died issueless - Husband acquitted in dowry death case - Held, husband not entitled to dowry articles under Section 6(3) of Dowry Prohibition Act...........
Motor Vehicles Act, 1988, Section 163A -- Fatal Motor accident - Petition under Section 163-A - Maintainability - Income of the deceased aged 40 years was Rs.2, 16, 000/- per annum - Held, petition not maintainable - Section 163-A is applicable where income is Rs.40, 000/- per annum or less...........
Haryana Urban Development Authority Act, 1977, Section 17, 50(2) -- Bar of jurisdiction - Jurisdiction of Civil Court to challenge notices or orders including resumption order passed under various sub sections of Section 17 of the Act, is barred by Section 50 (2) of the Act - The remedy to the aggrieved person is to prefer appeal as provided under Section 17(5)...........
Indian Penal Code, 1860, Section 304B, 406 -- Dowry death - Deceased died leaving behind child - Child being looked after by paternal grandparents - Husband convicted and sentenced - Held, father of the deceased cannot claim dowry articles/stridhan of his daughter - After death her child is her only legal heir to the property - Hence the dowry article/stridhan came to vest..........
Goa Children's Act, 2003, Section 2(5), 8(2), 30 -- Child abuse - Religious procession - Maruti van carrying number of children driven by accused - Fire crackers stored in van catching fire as co-accused sitting in van was lighting fire crackers and throwing them on road, resulting in death of children sitting in van - Incident purely accidental - Held, provisions of Act..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of five bags each containing 40 Kgs of poppy husk from a jeep - Accused were traveling in jeep - All accused acquitted - Held, prosecution case suffers from following infirmities : (a) Search made before Tehsildar, but Tehsildar failed to identify accused in court; (b) Jeep damaged after hitting..........
Motor Vehicles Act, 1988, Section 163A, 173 -- Motor accident - Petition under Section 163-A - Maintainability - Petitioner claimed compensation of Rs.1, 00, 000/- stating his salary as Rs.84, 000/- per annum - This salary admitted by employer - In evidence petitioner stated his income as Rs.3, 000/- per month - Held, petitioner cannot bring down his income so as to enable..........
