Tort -- Negligence and Act of God - Quantum of damages - As many as 1500 boar trees were uprooted and washed away as a result of release of water from dam which flooded the fields of appellants - Appellants have not led any evidence to show actual cost of each tree - However, appellants would still be entitled to reasonable compensation once factum of suffering loss stands..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband by way of administering poison - Factum of giving saltry water by accused to deceased by itself is not enough to absolve him of guilt, particularly when evidence on record proves that injuries caused to accused were not self inflicted and were caused while deceased was trying to save herself - Accused..........
Municipal record -- Proof of ownership - Merely on the basis of entries in Municipal record or payment of house tax, water tax and electricity bill, a person can never became owner of property...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 269, 270, 277, 336, 326, 420, 120B, Water (Prevention and Control of Pollution) Act, 1974, Section 43, 44 -- Bail - Offence u/ss 269, 270, 277, 336, 326, 420, 120-B IPC and Ss.43, 44 of Water Act - Petitioner along with other officers was duty bound to check the treatment plant, however, they..........
Industrial Disputes Act, 1947, Section 25F -- Labour law - Termination of workman - Order of reinstatement with back wages - Validity - Tribunal-cum-labour Court on the basis of evidence adduced by parties and applying the law laid down in the case of Bangalore water supply, rightly held that appellant is an industry - Action of appellant in terminating services of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(a)(i) -- Cultivation of ganja without any authority or licence - Appellant allegedly found watering the plants which were found to be hemp plants with a bucket - However, neither the presence of any water source nearby was deposed by PWs nor bucket was seized - Evidence of official witnesses adduced to..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 14 -- Eviction - Impairment of value and utility of premises - Old building burdened with weight only makes the roof sagging and seepage of water further damages the property, making part of it unusable - Breaking of bathroom and puncturing the walls of old structure, cumulatively put, does impair the value and utility..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad-interim injunction - Restraining defendant to lay water pipes through the suit land along with pucca path - Pucca path passes through suit land and being used by defendant and villagers, which is constructed by Panchayat - It also leads to the house of defendant - Plaintiff failed to produce any material to deny the..........
Central Excise Act, 1944, Section 2(f) -- Manufacture - Whether activity of mounting of water purification and filteration system on base frame amounts to manufacture or not - Since it is a job of assembling all items on a base plate and bringing into existence new and commercially different commodity - Therefore, it amounts to manufacture within meaning of S.2(f) of the..........
Gujarat Maritime Board Act, 1981, Section 32(4) -- Recovery of wharfage charges - Authorising any person to render services - Levy of service tax - Agreement between GMB and UCL not showing any such authorization - S.32(4) of the Act not attracted - GMB charging lease rent from UCL for use of water front does not include any service in relation to vessel or goods - Thus,..........
