Constitution of India, Articles 226 - Writ - Jurisdiction and Maintainability - Quashing of notice - Interfere with demand directing payment of cess - Court may not exercise its discretionary jurisdiction in entertaining a writ petition questioning a..
(A) Appointment - Primary teacher - Appointment denied on the ground that institutions from which appellants had got their teacher's training certificates were not recognized - Advertisement specifically referred to the Jharkhand Primary School Recru..
Transfer - Civil consequences - Affecting status and pay - Executive power in absence of any statutory rules cannot be exercised which would result in civil or penal consequences - Principle of natural justice not complied with - Moreover rules were ..
Prisons Act, 1894-Section 59- Rajasthan Prisons open Air comp Rules, 1972- Rule 3 (h)- Transfer of prisoner to open air comp form Jail- Application for- Considerations- Open Air comp is a subtle process of bringing back the prisoner into the mainstre..
(A) Criminal Procedure Code, 1973- Section. 437(6)- Bail- Cancellation of –Accused granted bail in view of default clause contained in Sec. 437(6)- Correctness, validity and propriety of order granting bail, not challenged- Bail granted by Magistrate..
Prevention of Food Adulteration Act, 1954- Section. 2(ix)(e)- Sale of misbranded article- As per allegations in complaint “Tapioca Flour” was labeled as “ arrow root mixture” and a false claim was made upon lable that it contained various other artic..
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002- Section 14, 17 - Secured asset – Request made by secured creditor for taking possession – Chief Judicial Magistrate or District Magistrate acting..
Orissa Forest Act, 1972 – Section 56 (1) – Criminal Procedure Code, 1973 – Section 457- Seizure of vehicle involved in forest offence – Release of – Criminal Court would have no jurisdiction to release the vehicle in exercise of power under section..
(A) Penal Code, 1860, Sections 405, 406 and 420 - Quashing of order - Taking cognizance of offence - Cheating - Criminal breach of trust - Dishonour of two cheques - Instead of filing complaint u/s 138 Negotiable instruments Act, complaint filed for ..
(A) Hindu Succession Act, 1956, Section 14(1) - Widow was possessed of the land in question in lieu of her right of maintenance - Sub-section (1) of section 14 of the Act clearly be attracted. (Paras 13 and 18) (B) Civil Procedure Code, 1908, S..
8. Procedure where defendant only appears Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, the Court shall make an order that the suit be dismissed, unless the defendant admits the claim or pa..
(A) Indian Evidence Act, 1872- Section. 3- Eye witness- Testimony of –Reliability-Murder case- Evidence of witness is inconsistent with testimony of eye witnesses- He stated that pistol was fired on deceased but no gunshot injuries on body of decease..
A. Criminal procedure Code, 1973- Section 154- F.I.R. Delay in lodging – Murder case-Explanation of independent witness and others that they gave priority to the treatment of deceased and injured- Having been accepted by court below- Required no ..
A. Criminal Procedure Code, 1973 ― Section 228 ― Framing of charge ― At this stage, only prima facie case is to be seen ― It is not to be seen whether evidence collected by investigating agency is sufficient for conviction of ..
A. Indian Evidence Act, 1872- Section- 154- Hostile witness- Testimony of said witness- Murder case- Merely because a witness, for one reason or other, has, to some extent, resiled from his earlier statement- It self may not be sufficient to discard ..
A. Criminal Procedure Code 1973- Section 174- Inquest report- Purpose of – IS only to notice as to whether murder committed was homicidal in nature or not and not for making a note in regard to identification marks of accused. (Paras 4, 24) B. ..
A. Indian Evidence Act, 1872- Section 114- Presumption – Kidnapping and murder case- Recovery of articles would raise presumption of quilt- Application such presumption is limited – A presumption may be in respect of commission of theft or receipt o..
A. Criminal Procedure Code, 1973 ― Section 125 ― Maintenance ― Muslim divorced woman ― Not entitle to make an application under Section 125 of Cr.P.C. for maintenance against her former husband ― However; if she does not..
On 26/9/08 the Single Judge of A.P. High Court Hon'ble Justice Sri C.V.Nagarjuna Reddy Sent the Nizamabad District S.P., along with the C.I., and S.I., of police for two weeks imprisonment in a contempt of court proceedings and a fine of Rs.2,000/- w..
A. Indian Penal Code, 1860- Section 300 “thirdly”- Murder- Nineteen injuries caused in quick succession – Cannot be said to have been caused as a result of grave and sudden provocation- Fact that so many injuries were caused in quick succession whe..
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