Practice and procedure -- In judicial matters, staff members cannot make any note or suggestion...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading - Proof beyond pleading - Evidence is to be based on pleadings - A relief can only be on the basis of pleadings alone - Only exception is when parties know each other's case very well and such a pleading is implicit in an issue - Additionally, Court can take judicial note of a fact when it is so apparent on the..........
Service -- Punjab Superior Judicial Service - Vacancy - Non-availability of candidate with disability - Vacancy was carried forward instead of carrying it to General category as per Note 4 of advertisement - Provisions of Persons with Disabilities are towards social objective of accommodating people with physical disability - Nothing wrong in carrying forward the vacancy..........
Interpretation of Statute -- External aids - Judicial notice of parliamentary proceedings - Can be taken note of for the purpose of appreciating the intention of legislature...........
Criminal Procedure Code, 1973, Section 413, 414 -- Death sentence - Delay in execution of death sentence - Commutation to imprisonment for life - Governing principles - (i) An undue long delay in execution of sentence of death would entitle a condemned prisoner to approach the constitutional Court seeking commutation to imprisonment for life; (ii) In deciding upon such a..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Sufficient cause - Governing principles - (i) There should be a liberal, pragmatic, justice-oriented, no, pedantic approach while dealing with an application for condonation of delay, for the courts are not supposed to legalise injustice but are obliged to remove injustice; (ii) The terms "sufficient cause" should..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Wrong registration number of car in recovery memo - Court taking judicial note that usually the persons involved in illegal activities ply their vehicles by putting fake number plates - In the instant case only difference is of alphabets "IC" and "6CD" - Different not of much significance so as to extend..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Revision petitioner lost his mother and his brother and he was also suffering from ill-health as revealed from his affidavit - There was a communication gap between his Advocate and himself - Decree holder viz., respondent..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Grant of - Petitioner/wife has started living separately due to beatings given to her by respondent and also persistent demand of dowry made by him - Petitioners could not maintain themselves - Respondent has not placed any tangible evidence on record to establish that petitioner/wife has any independent source of..........
Notaries Public Act, 1952, Section 15, Notaries Public Rules, 1956, Rule 4, 7, Constitution of India, 1950, Article 226 -- Appointment as Notary - Name of appellant figured in list of recommenced candidates but later decision was taken not to appoint him - Appellant made application directly to Chief Minister of State - Note issued by C.M. on his application recommending..........
