Indian Penal Code, 1860 ― Section 364-A/34 ― Kidnapping for ransom ― Allegation that accused persons kidnapped the child of complainant for ransom ― One of the accused was earlier working in complainant’s house ― He took..
Constitution of India, Article 137 - Review - Ground that State Government while sanctioning the proposal for the Municipal Corporation regarding modification of Development Central Rules added certain words which was not proposed by Municipal Corpor..
Penal Code, 1860, Sections 392 and 397 - Robbery - Grievous hurt - Any hurt which endangers life is grievous hurt - The term endangering life is much stronger than the expression dangerous to life - Knife blow was given on the chest, just below the n..
Civil Procedure Code, 1908, Order 41 Rule 27 - Additional evidence - Second appeal stage - Industrial plot - Resumption order - Legal notice on behalf of respondents sought to be placed on record at second appellate stage - Difference of opinion betw..
Dismissal - Misconduct - Respondent in unauthorized occupation of quarter belonging to company - Vacation suit against respondent - When the Town Warden went to execute the decree along with Nazir of Civil court he was assaulted by respondent - Order..
(A) Arbitration and Conciliation Act, 1996, Section 16(1) - Arbitration agreement - Validity of - An arbitration clause is a collateral term in the contract, which relates to resolution of disputes, and not performance - Even if the performance of th..
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 ..
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