Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - If the act or omission is done by performing the official duties and wrong decision has been taken with bona-fide intention or even through negligence, it will be treated as having reasonable connection with the performance of the official duties and sanction u/s 197 Cr.P.C. is..........
Practice and Procedure -- Mere - mentioning of wrong sections, decision cannot be set aside when it is otherwise in accordance with provisions of Act...........
Limitation Act, 1963, Section 14 -- Delay in filing recovery suit - Exclusion of time spent in prosecuting in wrong forum - Delay caused due to lack of legal advice from counsel - Petitioner bonafidely and in good faith ventilating her grievance before Consumer forum - Such period before consumer forum is thus excluded from the period of limitation - Delay in filing suit..........
Indian Penal Code, 1860, Section 376(2)(g) -- Gang rape of a married woman aged 35 years - Absence of semen or spermatozoa in vaginal swab or wearing apparels of prosecutrix is not conclusive proof of innocence of accused or of prosecutrix's not being subjected to forcible sexual intercourse specifically when prosecutrix was put in unconscious state by wrong doers before..........
Civil Procedure Code, 1908, Section 51 -- Execution - Decree for possession - Warrants of possession - Police help - Bailiff report shows that execution of warrants of possession not possible without police help, as the JD's obstructed the execution thereof - Nothing wrong in providing police help for execution of warrants of possession - No interference warranted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissed of complaint in default - Complainant diligently pursuing his remedies and he also have given an explanation for his no, appearance on the date fixed due to wrong noting down of date - Even otherwise there is no reason as to why complainant would stop pursuing his case as it is a complaint..........
Delhi Rent Control Act, 1958, Section 19, 38 -- Rent and eviction - Suit for possession by landlord - Power of Rent Control Tribunal - Power is though limited to substantial question of law, but where finding is based on no evidence or relevant and admissible evidence is not taken into consideration or legal principles wrongly applied or material evidence is misread,..........
Practice and Procedure -- Expunction of adverse observations made by High Court against the appellant who is the presiding Judge on the trial side - Adverse observations made against the appellant are wholly unwarranted - May be the Judge passed a wrong order but that does not mean that even wrong order should be visited with such adverse remarks - Adverse..........
Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, Section 16(3)(i), Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Rules, 1963, Rule 19 -- Pre-emption application - Non-compliance of R.19 and Form L.C. 13 of Rules 1963 - Appellant deposited ten percent of purchase money as required u/s 16(3)(i) of Act -..........
Admission -- Under disadvantaged group - Disadvantaged group includes member of Scheduled Caste therefore, irrespective of income of petitioner parents, petitioner is entitled to admission under EWS/disadvantaged group - Petitioner allowed to continue her study in the school under disadvantaged group and she is entitled to all benefits/entitlements under the said group -..........
