Constitution of India, 1950, Article 226, 14 -- Price which PUDA can charge from oustee entitled to allotment of plot and who had applied for the same-Policy decision of Punjab Government for allotment of plot to oustee/person whose land acquired for setting up of Urban Estate-Rate to be same which was being charged by PUDA Authorities from other persons who applied under..........
Consumer Protection Act, 1986, Section 2(1),(e), Hindu Minority and Guardianship Act, 1956, Section 8 -- Fixed Deposit - Non-release of maturity value - Ground that father of complainant (minor daughters) had availed of a loan of Rs.2 lacs from the company and the said fixed deposits were debited against his debt - Facts showing that the transaction is not consistent with..........
Indian Penal Code, 1860, Section 302, 324, 323, 34, 120B -- Murder - Appeal against acquittal - Acquittal of the accused held to be on flimsy grounds - The view taken by the trial Court not borne out from the record - The only view which was possible was about the guilt of the accused having been proved beyond shadow of doubt - Judgment of the Additional Sessions Judge set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence under section 138 N.I. Act is made out only if cheque is dishonoured for want of funds in the account and not for the reason that signatures differed...........
Criminal Procedure Code, 1973, Section 299 -- Held that it cannot be disputed that proceedings taken under sub-section (1) of S.299 of the Code though judicial proceedings, cannot be construed as inquiry or trial - Because the statement of the witnesses recorded can only be accepted in evidence in the eventuality where the witnesses, whose statements had been recorded were..........
Criminal Procedure Code, 1973, Section 319, 299, 482 -- Summoning as additional accused - Quashing of order - Petition for - Summoning order not based primarily on the statements of `P' and `H' recorded in court but mainly on the basis of police statements recorded during the course of investigation - Excluding the statements of `P' and `H' recorded in proceedings under..........
Consumer Protection Act, 1986, Section 3, Telegraph Act, 1885, Section 7B -- Parallel remedy - Reference to Arbitrator - Fora constituted under the C.P. Act have jurisdiction to entertain and decide the disputes which are covered by Section 7B of the Indian Telegraph Act - In appropriate cases the Forum can very well decide the dispute if it does not involve elaborate..........
Drugs and Cosmetics Act, 1940, Section 18(c), 27(b)(ii) -- Mere possession of drugs without evidence to show that they were stocked for sale or distribution may not attract the relevant penal Section under Drugs and Cosmetics Act...........
Indian Penal Code, 1860, Section 366, 376 -- Abduction - Rape - Sentence - Prosecutrix 15 years of age - She remained with the accused appellant for 4-1/2 months at different places - Held that even if she had consented to sexual intercourse with the appellant the case would still be one of rape - Appellant aged 20 years at the time of occurrence and married having a..........
Civil Procedure Code, 1908, Section 151 -- Inherent jurisdiction - To prevent unnecessary harassment and to prevent miscarriage of justice - Court has ample powers under Section 151 to make such orders as may be necessary for the ends of justice - Power must be exercised with caution and due diligence with the object to prevent miscarriage of justice or to prevent the..........
