Partnership Act, 1932, Section 57, 58, 64 -- Partnership firm - Alteration in constitution as some partners retired and a new partner was introduced - Reconstitution of firm allowed by Registrar - Changes in the constitution of firm recorded in the Register of Firms - At the instance of one of the partners changes made were held to be void ab initio - Section 64 of the Act..........
Stamp Act, 1899, Section 47A -- Bond - Executed on stamp paper of Rs.15/- and registered - Audit objection - Show cause notice to recover stamp duty of Rs.12.73 lacs on the basis of audit objection chargeable on bond - Sub Registrar holding objection of audit party as justified - Petitioner filed suit for permanent injunction to put restrain on Sub Registrar and Collector..........
Punjab Town Improvement Trust Act, 1922, Section 59 -- Land Acquisition - Amendments in Land Acquisition Act - Applicability - As far as the amendments introduced in the Acquisition Act, 1894 relating to determination and payment of compensation u/s 23(2) and 28, as amended by the Amendment Act, 1984, would be applicable to the acquisitions under the State Acts and Section..........
Land Acquisition Act, 1894, Section 28A(3) -- A person who is not satisfied with an award made u/s 28A(2) can make an application to the Collector u/s 28A(3) for making a reference to the Court - This right cannot be frustrated merely because as a result of re-determination made u/s 28A(2) read with Section 28A(1) the applicant becomes entitled to receive compensation at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 32A, 15, Criminal Procedure Code, 1973, Section 432(1), Constitution of India, 1950, Article 161 -- Conviction u/s 15 of NDPS Act and accused sentenced to 10 years RI - Accused sought pre-mature release that he had undergone 12 years including remissions granted under Article 161 of Constitution - Governor of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b), 22, 50 -- Ganja and Heroine - Recovery of two small packets of brown sugar from pocket of Kurta and Ganja recovered from a plastic bag carried by accused in his hand - Evidence of investigating officer coherent with regard to compliance of provision of section 50 - Independent witnesses failed to support..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Maharashtra State Ownership Flats Act, 1963, Section 8 - Flat allotment - Refund - Interest - Claim by petitioner interest @ 24% payable by respondent on the deposit not evidenced by any document - Taking notice of Section 8 of the Maharashtra Act, 1963 District Forum rightly made respondents answerable to pay..........
Civil Procedure Code, 1908, Section 11 -- Essential ingredients for the applicability of S.11 CPC are : (i) The matter must be directly and substantially in issue in the former suit and in the later suit; (ii) The prior suit should be between the same parties or persons claiming under them; (iii) Parties should have litigated under the same title in the earlier suit; (iv)..........
Consumer Protection Act, 1986, Section 12, 2(d)(ii) -- Chandigarh administration allotted land to co-operative societies for constructing flats to be allotted to the members - No direct contact between Chandigarh administration and members of the societies - Whether members are covered by the definition of `consumer' under Section 2(d)(ii) of the Act - Held, yes - Members..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3) -- - New building - Previous construction (hall) - In dilapidated condition and not used for any purpose - New construction raised after getting the site plan sanctioned - Two walls kept intact and rest of the construction raised was new - Floor level was raised - Chajja on the first floor demolished -..........
