Criminal Procedure Code, 1973, Section 239 -- Discharge - Application for discharge rejected without disclosing any reasons - Impugned order set aside - Magistrate directed to reconsider the application and pass a speaking order thereon...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Not a boundary dispute - Demarcation in respect of suit property was already conducted - Unless demarcation order once passed in accordance with provisions of Land Revenue Act is set aside or there are allegations of encroachment or change of boundaries after previous demarcation, fresh..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - In an application U.O.7.R.11 CPC plaintiff was granted time to make payment of deficient Court fee - Plaintiff sought amendment of plaint qua Court fees and jurisdiction of Court - Trial Court held that case of plaintiff did not fall in any of carved out exceptions in S.7 of Court Fees Act and rejected..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from selling properties allegedly bequeathed to him by father of defendants through unregistered Will - Finding on prima facie case recorded by trial Court while allowing application is not supported by any material on record - Trial Court has put negative burden upon defendant..........
Civil Procedure Code, 1908, Order 33, Rule 2, 5(a) -- Permission to sue as indigent person - Requirement of O.33 CPC is not only the schedule qua immovable property but the same also comprises of movable properties - Application decided only on the basis of immovable properties ignoring the fact that there was no proof of movable property - Impugned order set aside -..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - High Court earlier rejected bail application - Trial Court granted bail on filing of fresh bail application, having due regard to the nature of offence, fact that other accused had been granted bail and that charge sheet has been submitted - Order of trial Judge does not indicate that he had applied..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Arbitral Tribunal on appreciation of entire evidence on record specifically observed that contractor failed to complete work even within stipulated extended period of time and even abandoned work - Construction company therefore, was justified in rescinding the contract..........
Service -- Selection process - Challenge as to - Uniform criteria had been applied by Commission which it had fixed well in advance before date of interview - Cut off percentage as such was also fixed after criteria had already been fixed - No such averments were made that criteria was adopted for purposes of selecting a certain set of persons - Merely because petitioner..........
Industrial Disputes Act, 1947, Section 33C(2) -- Application u/s 33-C(2) of the Act - Single Judge without any discussion and/or recording any specific findings on merits of order passed by Labour Court rejected application u/s 33-C(2) of the Act, allowed writ petition preferred by workman challenging said order of Labour Court - Single Judge ought to have considered writ..........
Service -- Compassionate appointment - Financial criteria - There is a financial criteria of eligibility of compassionate appointment under Compassionate Appointment Scheme - Rules which provide for a financial criteria for appointment on compassionate ground are valid and lawful rules which have to be construed strictly - High Court patently erred in ignoring financial..........
