Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Indian Penal Code, 1860, Section 447, 427, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 3 of SCST Act and u/ss 447, 427, 506 IPC - Allegation that appellant abused complainant in the name of their caste - No allegation that appellant was not a member of SC & ST..........
Punjab Land Reforms Act, 1972, Section 18, Punjab Tenancy Act, 1887, Section 84(2) -- Revision - Suo moto power - Vests in Financial Commissioner alone - Collector and Commissioner also have the suo moto power to call for the record to examine the validity and propriety of the proceedings but they cannot set aside the orders of subordinate Courts of their own and in case..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - No instructions - Application for restoration of appeal filed immediately on coming to know about the order - Appellant not present due to illness - Order of dismissal set aside - A party cannot be allowed to suffer for the fault on the part of his counsel...........
Indian Penal Code, 1860, Section 302, 306 -- Abetment of suicide - Husband and mother-in-law convicted u/s 302 IPC - Deceased had a male child in her womb - Husband and mother-in-law would never like to finish this child - However, from prosecution evidence it was established that it was her husband who always called her woman of loose character - Suicide committed under..........
Criminal Procedure Code, 1973, Section 190 -- Cognizance by Court on police report vitiated by breach of mandatory provisions relating to investigation - Held, that result of the trial which follows cannot be set aside unless illegality in the investigation can be shown to have brought miscarriage of justice - An illegality committed in the course of investigation does not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Chance recovery - In a routine checking recovery of four bags of poppy husk from a car after sun set in a public place - Held, it was a chance recovery as such it does not require compliance of S.42(1) of the Act...........
Medical negligence -- By pass heart surgery - Excessive dose of antiseptic betadine lotion and failure to place the electric cautery insulation pad below the legs of the complainant resulting in the burning of her legs - State Commission erroneously holding the OP negligent and has awarded a compensation of Rs. 5,000 - Held that the award may be token, in the facts and..........
Car -- Defect in car - Engine of the vehicle stopped all of a sudden when it had already run more than 5000 kms - Problem had been identified and with replacement of almost 50% engine the defect rectified - Despite notice to take delivery complainant without any reason delayed the delivery for nearly ten months after a satisfactory trial run - Car had run more than 32000..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Resigned before cheques were issued - However, From No.32 was filed with the Registrar of Companies much after the cheques were issued - Held, the effect of delayed presentation before the Registrar of companies can only be decided after parties lead evidence - Order quashing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Poppy husk - Recovery of 50 bags from a truck hidden below bags of methi seeds - Accused was sitting on gunny bags - Poppy husk bags were not visible - Accused cannot be said to be in conscious possession - Defence version that accused had only taken a lift in the truck while going to his village -..........
