Civil Procedure Code, 1908, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 5, Rule 17, 19 -- Ad interim injunction - Violation - Violation should be proved by legally acceptable evidence - A mere report of the Process Server that the petitioner refused to receive notice is not enough to hold that petitioner violated the order of injunction - Examination of process..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted Service - Satisfaction of Court - an order of substituted service is passed, satisfaction of court is required that defendent cannot be served by ordinary means - Satisfaction can be on the basis of the application supported by an affidavit or on the basis of the record available...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay of 9 months in filing appeal - Petitioner came to know about dismissal of suit after 9 months and applied for copy of judgment - Nothing on record to show that by delaying the filing of appeal petitioner has to gain anything - Delay condoned...........
Land Acquisition Act, 1894, Section 28A, Limitation Act, 1963, Section 5 -- Proceedings u/s 28-A - Provision of S.5 Limitation Act is not applicable...........
Civil Procedure Code, 1908, Order 15,, Rule 5 -- Striking off the defence - Suit for Ejectment - Landlord claiming Rs. 1, 16, 200/- per month as agreed rate of rent - Tenant disputing liability, admitting monthly rent of Rs.70, 630/- and depositing the same - `Monthly amount due' in terms of Explanation 3 to Order 15 Rule 5 means the amount due every month at the admitted..........
Limitation Act, 1963, Section 5 -- Appeal - Condonation of delay - Delay is of six months - Not such a delay as would raise a presumption of casual conduct of the defendants in filing appeal - First Appellate Court's order declining condonation of delay not sustainable in law and set aside...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Courts should adopt a liberal approach in the matter while dealing with application for condonation of delay...........
Prevention of Corruption Act, 1947, Section 5(1)(d), 5(2) -- Illegal gratification - Mere acceptance of money is not sufficient to convict an accused u/s 5(1)(a) or S.5(1)(d), in the absence of any evidence of demand and acceptance of the amount as illegal gratification - If the reason for receiving the amount is explained and the explanation is probable and reasonable,..........
Prevention of Corruption Act, 1947, Section 5(1)(e), 5(2) -- Amassing asserts disproportionate to known source of income - Travelling allowing - Not a source of income - It is for the Government servant to let in evidence to show that he saved something out of travelling allowance and then it is for Court to accept or not as to whether there was such actual saving -..........
Prevention of Corruption Act, 1947, Section 4, 5(2), 5(1)(d), Indian Penal Code, 1860, Section 161, Criminal Procedure Code, 1973, Section 313 -- Illegal gratification - Presumption u/s 4 of the Act - Mere explanation in the statement u/s 313 Cr.P.C. is not sufficient to rebut statutory presumption u/s 4 of the Act unless it is established by accused either from inferences..........
