Service -- Armed service - Dismissal - Misconduct - Summary Court Martial - Denial of benefit of Legal representation - Violation of principles of natural justice - Appellant rendered 7 years of service - He was pitted against his Commanding Officer - There was thus, no reason to deny him benefit of legal representation which he desired at his own expense as per R.129 of..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint on ground of jurisdiction - Plaint returned for presentation before competent Court - Status quo order passed for a period of one month in order to enable plaintiff to file proper petition before competent court and to avail his legal remedies in accordance with law...........
Civil Procedure Code, 1908, Section 34 -- Interest - Settlement agreement - Default in payment of outstanding amount under settlement - Outstanding amount was paid by respondents during pendency of appeal - Parties requested to terminate the proceedings in this appeal itself - There is thus, no legal impediment in deciding issue of payment of interest and its rate in this..........
Prisons Act, 1894, Section 30, 59, Punjab Jail Manual -- Chapter XXIX, Para 368 - Prisoner sentenced to death - Accused/appellants kept in solitary confinement - Under Para 368 the provisions of keeping convict of death sentence in solitary confinement before exhaustion of his constitutional, legal and fundamental rights is without authority of law and also violative of..........
Contempt of Courts Act, 1971, Section 2, 12 -- Contempt of Court - When a serious allegation of violation of order of Court is made, it is duty and responsibility of Government functionaries who are parties to the legal proceedings against whom an interim order was passed and subsisting, to promptly refute the allegations made in such legal notice...........
Possession -- Illegal possession - Appellant held to be in illegal possession viz. on the grounds that : (a) There is no allotment letter in the so called auction proceedings; (b) appellant failed to file any allotment letter nor could file any acceptance letter indicating acceptance of his so-called highest bid; (c) appellant failed to show as to how much amount he..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of L.R's on the basis of Will when there is no natural heir of deceased on record - Serious objection as to execution of Will - Issue as to legal representative has to be decided upfront after taking evidence and such issue cannot be decided later...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of L.R's - Law as to - (a) Question as to who is legal representative of deceased has to be determined first before proceeding further in the matter; (b) such enquiry is summary in nature; (c) to determine as to who is the legal representative, Court may take such evidence as may be necessary; (d) in case of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of complainant during pendency of complaint - Legal representatives of complainant can be substituted as complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of complainant during pendency of complaint - Legal representative substituted as complainant has right to appear as his own witness...........
