Evidence Act, 1872, Section 157 -- `At or about the time' - These words must receive a pragmatic and liberal construction - If there is not much time interval these statements can be used as corroborative evidence but not as substantive evidence - Testimony of P.W's that they heard from victims that appellants were assailants - It falls within ambit of Section 157 Evidence..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Application for correction of consolidation record showing land to be in ownership of Gram Panchayat, the particular Khewat in possession of applicants since long and in Jamabandi shown as Shamilat Deh and Consolidation Authorities committed a mistake by showing the area in the..........
Evidence Act, 1872, Section 32 -- `Circumstances of the transaction which resulted in his death' - Scope - It is enough if words spoken by deceased have reference to any circumstance which has connection with any of transaction which ended up in death of deceased - There need not necessarily be a direct nexus between `circumstance' and death - Assailant intruding into..........
Indian Penal Code, 1860, Section 84, 302, 324 -- Paranoid - Murder by in-flicting 19 Khukri blows and also causing injuries to 2 interveners - Defence plea that the accused was a confirmed paranoid and was incapable of understanding what he had been doing at the time of commission of the said offence - In the instant case the appellant did not completely lose his sense of..........
Words and Phrases -- Delegation of authority or powers by dele-gatee - Delegatee himself cannot further delegate powers vested in him by virtue of a statutory provision or rules framed thereunder in absence of a specific provision for such delegation...........
Consumer Protection Act, 1986, Section 2(1)(d) -- S.T.D. facility - Telephone -Barring of S.T.D. facility - Main grievance of the complainant was that though he applied for withdrawal of STD facility vide application dated 24.07.1991 yet this STD facility was barred after an unduly long period on 03.02.1992 - District Forum has ordered the refund of the amount paid hy the..........
Pronote -- Where a document contains an unconditional undertaking to pay a certain sum of money it is a promissory note - A note promising payment of money also constitutes promissory note - Mere absence of words `or order' does not render document not a promissory note...........
Punjab Package Deal Properties (Disposal) Act, 1976, Section 10(1) -- Words "at any time" - Cannot be ad infinitum - Sale Certificate or Conveyance Deed where validly stands issued to transferee in respect of any property (urban or rural) - Such cases cannot be re-opened if any lacuna or lapse detected in transfer of property in which transferee has no implicit or explicit..........
Negotiable Instruments Act, 1881, Section 16, Transfer of Property Act, 1882, Section 130 -- Word `Assigned' used in endorsement made on the back of pronote be understood as a direction to pay the amounts mentioned therein to or to the order of a specified person - It is an endorsement in full falling under Section 16 of the Negotiable Instruments Act and not a transfer of..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - Defaulter - Securing presence of - Question about procedure to be followed and power of Presidents of District Forums to pass orders issuing warrants for securing presence of defaulters.
Held, neither the Act nor the rules framed by the State Government provides for any specific procedure to be followed in the..........
