Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 15, Criminal Procedure Code, 1973, Section 482 -- FIR lodged for the offences indictable u/s 3, 4 and 5 of Act of 1956 - Charge sheet filed and charges framed - Petition for quashing of FIR filed on the ground that search procedure was not followed as envisaged u/s 15 of the Act - Petition dismissed - Held, whether..........
Malicious prosecution -- Compensation - Accused faced criminal proceedings for about 11 years - Entire story set up by complainant and prosecution not only highly improbable but on the face of it false and incorrect - Complainant and State to pay Rs.50, 000/- 50, 000/- to each accused or their L.R's for facing malicious and fake criminal case and for facing humiliation in..........
Punjab Co-operative Societies Act, 1961, Section 26B, 27 -- Petitioner remained member of two societies - He tendered registration from the Cooperative Union (2nd society) which was accepted - Registrar, Cooperative Societies, ceased membership of the petitioner of the Board of Directors of Cooperative Bank (1st Society) as well for alleged violations of S.26-B of the Act..........
Punjab Co-operative Societies Act, 1961, Section 50, 55 -- Society flat - Illegal allotment - Cancellation - Inquiry Officer found two officers of society and petitioner and his daughter involved in a process of illegal allotment - Registrar is not power less to order an inquiry into the allegations of connivance of Administrators of Society in making illegal allotment -..........
Land Acquisition Act, 1894, Section 4,6 -- Release of acquired land - Petitioner belonging to poor strata of society, Constructed their houses before issuance of notification under Sec.4 of the Act - Where notification under Sec.4 of Act was issued, land owned by about 800 people was also made part of it, wherein unauthorised colony was in existence - Where notification..........
Indian Penal Code, 1860, Section 302 -- Triple murder - Case resting on circumstantial evidence - Accused had not gone to the house of deceased armed - It appears that accused took decision on the spur of moment - It was not a pre-planned and pre-mitigated triple murder - Accused blessed with six children, three males and three females - There is every possibility of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint on behalf of society - Maintainability - Complainant is a Society registered under the Societies Registration Act, 1860 - No resolution was passed authorizing "N" to lodge a complaint on its behalf - Held, complaint filed by "N" on behalf of society could not have been considered as a..........
Constitution of India, 1950, Article 22(1) -- Bar Council of India Rules, Part VI, Chapter II, Para 11 - Bar association resolution that no member of Bar will defend accused policemen in the criminal case against them - Held, such resolutions are wholly illegal, against all traditions of the bar, and against professional ethics - Every person, however, wicked, depraved,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso -- Amendment of plaint - Plaintiffs sought for amendment relating to construction of a building over suit land on assertion that said construction was made during pendency of suit which plaintiff came to know just before a week - It was also stated that name of village and police station where suit property is..........
Evidence Act, 1872, Section 112 -- Legitimacy of child - Presumption as to - Held, there is a strong presumption about legitimacy of children born out of continuation of valid marriage - Law presumes against vice and immorality - In a civilized society, it is imperative to presume legitimacy of a child born during continuation of valid marriage - S.112 of Evidence Act is..........