Abuse of process of Court -- Similar petition filed earlier - Facts, relief, submissions same - No good ground to entertain this petition as the matter had already been decided by Supreme Court - By filing petition by including the plea taken in the earlier petition amounts to gross abuse of the process of Court - Petition has to be dismissed with exemplary costs in order..........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C. - To conduct fair and impartial investigation - When person who has been arraigned as accused points out that investigation is being done because of extraneous influence or is malafide or biased or tainted one and extraordinary case of gross abuse of power by investigating officer is made out, only then..........
Punjab Land Revenue Rules, 1908, Rule 15 -- Appointment of Lambardar - Both candidates are almost equally educated and Collector has exercised his choice in favour of respondent No.4 - Choice of Collector in the matter of appointment of Lambardar has to be respected unless there is gross perversity in approach - No justifiable ground to interfere with order when it merely..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Two blows inflicted on head of deceased by accused - No contradiction as far as evidence of PW1 and PW5 with reference to incident of hitting twice with a large stone - Material object, stone, was also produced and taken from scene of occurrence - Medical evidence coupled with evidence of PW1 and PW5..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C. - Encroachment of Municipal Board's Land - Executive Officer (Municipality) cannot have taken recourse of proceedings u/ss 145, 146 Cr.P.C. against a private individual - If at all the individual concerned were causing public nuisance, recourse was to be taken of proceedings u/s 133..........
Employee's Compensation Act, 1923, Section 30 -- Death - Relationship of employer and employee - Once respondent no.2 himself has denied relationship of employer and employee, should not have entitled Employees Compensation Commissioner to hold existence of relationship of employer and employee - Even, respondent no.2 admitted case of claimant who was his sister-in-law but..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Future prospects - Deceased was 24 years old at time of accident - He was working in private company and having stable job - 50% of actual salary income of deceased has to be added towards future prospects as deceased was below 40 years in view of Sarla Verma case - Gross income of deceased comes to Rs.15,000/- p.m...........
Calcutta Municipal Corporation Act, 1980, Section 174(1), 174(2), 178(2)(i)(ii) -- Assessment of premises - Determination of Assessment of building and land - Separate assessment - S.174(1), (2) of the Act operate in separate field - (i) `land or building' (ii) `open land with no building thereon' both cannot be clubbed - Building has some appurtenant land then such..........
Motor Vehicles Act, 1988, Section 2(10), 2(21), 2(15), 2(47), 2(48), 3, 10 -- Light motor vehicle - Transport vehicle, omnibus, a motor car or tractor or a road roller, the gross vehicle weight or unladen weight of which does not exceed 7500 kg - Would be a light motor vehicle - No separate endorsement on the license is required to drive a transport vehicle of said light..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 120B -- Cancellation of bail - Cheating - Forgery - Criminal conspiracy - Petitioner indulged in large scale racketing of issuing various degrees, diplomas and other certificates without having any authority, thereby duping and robbing innocent students of their hard earned money -..........
