Central Vigilance Commission Act, 2003, Section 3(3) -- Appointment - Chief Vigilance Commissioner - Zone of consideration - No reason stated as to why zone of consideration restricted only to civil services and not in terms of Section 3(3) of the Act - Directions issued that in future zone of consideration should be in terms of Section 3(3) of the Act - It should not be..........
Consumer Protection Act, 1986, Section 13 -- Housing - Commissioner's report - Plea that Commissioner's report was obtained contrary to law and there is no provision for obtaining a Commissioner's report under the CP Act and very order regarding issuance of a commission to the Advocate Commissioner is void repelled - Held that Section 13 of the CP Act authorizes issuance..........
Land Acquisition Act, 1894, Section 5A -- Land of the appellants acquired by notification issued under Section 4 of the Act - Grievance of the appellants that no hearing opportunity was given to them and though the acquisition proceedings were over and the award passed, possession had not been taken at all - The original report suggested that all the objectors were heard..........
Indian Penal Code, 1860, Section 376(2)(g), 342 -- Rape - Conviction - Accused sentenced to 10 years RI and fined Rs.1000/- each - Sentence upheld by High Court - Appellants had already undergone about three years of imprisonment - Incident 14 years old - Appellants and prosecutrix are married (not to each other) - Prosecutrix had also two children - Affidavit filed that..........
M.P.Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, Section 39,6,43, Criminal Procedure Code, 1973, Section 193 -- Cognizance of offence under Section 6 - Appellants convicted for minor offence - Cognizance of offence cannot be taken under Section 6 of Adhiniyam unless case is committed by Magistrate - Held, conviction improper as Special Judge took cognizance..........
Evidence Act, 1872, Section 92 -- Applicability - Held, S.92 of the Evidence Act can be pressed into service only between the parties to the document - Said section cannot be focused as against a third party...........
Civil Procedure Code, 1908, Section 47 -- Representative - It is much wider in sense than the expression `legal representative' as contained in Section 2(11) read with Section 50 CPC or an `assignee' referred to in O.22.R.10 CPC...........
Civil Procedure Code, 1908, Section 47, Transfer of Property Act, 1882, Section 52 -- Execution - Objections - A subsequent purchaser of the suit property from the judgment debtor would certainly be a `representative' of the said judgment debtor for the purposes of execution of the decree and would be covered by Section 47 CPC...........
Criminal Procedure Code, 1973, Section 156(1) -- S.156(1) Cr.P.C. authorizes the police to investigate into a cognizable offence without requiring any sanction from a judicial authority - However, sub-section (3) of S.156 of the Code provides that any Magistrate empowered under S.190 may order such an investigation mentioned in sub-section (1) of the said Section...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Medical service - Contention by OP I that medical services given by him were without any consideration and free of charge as such complainant cannot be regarded as consumers of the answering OP within meaning of Section 2(1)(d)(ii) of CP Act - Complaint claimed that at the time of admission of patient a sum..........
