Court : Punjab and Haryana
..... , has passed the impugned order in exercise of the powers of chief administrator, chandigarh, under section 15 of the capital of punjab cwp no.2698 o 2. (development and regulation) act, 1952, we dispose of this writ petition with liberty to the petitioners to make representation to the chief administrator, chandigarh, raising their grouse. if any such representation is made against .....
Tag this Judgment!Court : Punjab and Haryana
..... pay a fine of rs.1 lac and in default of payment of fine to further undergo rigorous imprisonment for a period of 1 years under section 21 of the act. what is material for our purposes, however, is the observations of the trial court; the discussion of the testimonies in paras 24 to 30 as also the defence sought to ..... said judgement shows that a complaint under sections 21, 23, 29 and 60 of the narcotic drugs & psychotropic substances act, 1985 (hereinafter referred to as the act) was instituted by the intelligence officer of the narcotics control bureau on the allegations that acting on a specific information reduced into writing the officials of the narcotics control bureau, chandigarh, camped at amritsar alongwith officials .....
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..... of fir no.16 dated 03.03.2013 at police station ajitwal, moga, district moga, for an offence punishable under section 18 of the narcotic drugs & psychotropic substances act, 1985 (for short the act).crl. misc. not m- 8969 of 2013(o&m) ----2-- it is a case where the police claim the petitioner to have been seen while he was moving .....
Tag this Judgment!Court : Punjab and Haryana
..... regards the role of appellant rajbir (husband) and main accused is concerned, although there is a legal presumption as envisaged u/s 113-b of the indian evidence act, but still, there is a positive evidence of cruelty against him. undisputedly, as per his own admission, the deceased was separately residing with him. pw3 and pw4 ..... essential ingredients as regards main accused appellant rajbir (husband), is concerned. at the same time, it has miserably failed to prove any such specific role or overt-act in respect of remaining appellants and they deserves the benefit of doubt and acquittal as well, for the reasons mentioned here-in-below.22. what cannot possibly be ..... the other relations cannot, in all cases, be held to be involved in the demand of dowry. in cases, where such accusations are made, the overt acts attributed to persons other than husband are required to be proved beyond reasonable doubt. by mere conjectures and implications such relations cannot be held guilty for the offence .....
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..... .s.s.narula, advocate, for the appellant. ***** s.s.saron, j. mohan juneja-appellant on 28.1.2001 filed a petition under section 8 of the hindu minority and guardianship act, 1956 seeking permission to alienate 2/3 share in plot/site no.543, sector 11-12, phase-i, huda, panipat of his minot son namely gaurav and minot daughter namely .....
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..... -5 - otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice. in kans raj versus state of punjab and others.2000 (2) rcr (criminal) 696 (sc).their lordships of the apex court have ..... sufficient ground for proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted)to the institution and continuance of the proceedings and/or where there is specific provision in the code or the concerned ..... act, providing efficacious redress for the grievance of aggrieved party. 7. where a criminal proceeding is manifestly attended with mala fide and/or where the proceedings is .....
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..... petitioner is neither partner not proprietor of accused no.1-firm. consequently, petitioner is not liable to be proceeded against or prosecuted for offence under section 138 of the act. on the contrary, judgment in the case of raghu lakshminarayanan (supra) is fully applicable to the facts of the case in hand. resultantly, the instant petition is ..... failed to pay the cheque amount inspite of demand notice. vide summoning order annexure p/4, all the three accused have been summoned under section 138 of the act. i have heard counsel for the parties and perused the case file. counsel for the petitioner contended that the petitioner is neither partner not proprietor of accused no ..... , cr.p.c.) for quashing criminal complaint no.759/2 dated 22.9.2007 (annexure p/1) under section 138-142 of the negotiable instruments act, 1881 (in short, the act) as well as under section 420 ipc along with summoning order dated 23.10.2007 (annexure p/4) and all consequential proceedings arising criminal misc. not .....
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..... to 5 were acquitted of the charges framed against them, whereas, respondent no.2 was convicted for commission of offences under sections 120b/302 ipc and 25 of the arms act, 1959 and sentenced accordingly. it was an allegation crm no.51997 of 2012 in/and crm-a no.729-ma of 2012 (o & m) -2- against all the respondents/accused .....
Tag this Judgment!Court : Punjab and Haryana
..... relevant behalf.32. therefore, if the epitome of the totality of the facts & evidence, emitting from the record coupled with legal presumption u/s 113-b of the act, as discussed here-in-above is put together, then, to my mind, the conclusion is inescapable and irresistible that it was appellant malkhan (husband) alone, who had ..... the essential ingredients as regards the main accused appellant malkhan (husband) is concerned. at the same time, it has miserably failed to prove any specific role or overt-act in respect of appellant umrawali, mother-in- law of the deceased, in this relevant direction. she deserves the benefit of doubt and acquittal as well, for the ..... the other relations cannot, in all cases, be held to be involved in the demand of dowry. in cases, where such accusations are made, the overt acts attributed to persons other than husband are required to be proved beyond reasonable doubt. by mere conjectures and implications such relations cannot be held guilty for the offence .....
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..... .p.versus vijay anand maharaj air 196.sc 94.to support himself on this point. according to him, another principle to be applied while construing a provision in the amending act is that it should be construed in such a manner which does not result in running it inefficacious. learned senior counsel for the petitioner has referred to the provisions of .....
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