Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Plaintiff failed to lead any evidence oral as well as documentary in support of his case before trial Court - Both the Courts below have recorded concurrent finding of fact against plaintiff by dismissing suit - No substantial question of law is involved in the second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and declaration - Concurrent findings recorded by both the Courts below decreeing suit of plaintiff, which cannot be interfered by High Court, particularly when there is no illegality committed by trial Court in decreeing suit filed by plaintiff - No substantial question of law arise..........
Supreme Court Rules, 2013, Order 40, Rule 1 -- Transfer of writ petitions pending in different High Courts to Supreme Court - Several writ petitions pending in different High Courts challenging validity of guidelines issued by Institute of Chartered Accountants of India on the ground that same is violative of Art.19(1)(g) of Constitution - Said guidelines and consequent..........
Protection of Children from Sexual Offences Act, 2012, Section 28 -- Establishment of Ad-hoc POCSO Courts - State Government shall designate Special Courts in consultation with Chief Justice of High Court - Consultation contemplated u/s 28 of the Act cannot be confined to designation of Courts, but it should also include location where Court is to be established...........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Wilful disobedience of order of High Court - High Court directed Central Government to initiate process of inter-cadre transfer of appellant and willingness/consent of appellant would also be sought for such transfer - It is Central Government which is competent authority to transfer appellant from one cadre to..........
Contempt of Courts Act, 1971, Section 2(b) -- Contempt of Court - Review - Disobedience of order of High Court - Violation of temporary injunction order as to disposal of properties - Violation of such order - Failure of defaulter to disclose his assets and existence of concerned Bank account, despite being held guilty of contempt of Court - No error apparent on record -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Generally, High Court will not interfere with concurrent findings of Courts below, but it is not an absolute rule and some exceptions are, viz: (i) Courts below have ignored material evidence or acted on no evidence; (ii) Courts have drawn wrong inferences from proved facts by applying..........
Indian Penal Code, 1860, Section 302, 343, 120B -- Murder - Life imprisonment - Rider that it shall be for rest of the natural life of convict or that he would not be entitled to any remission - This power is available to only High Courts and Supreme Court and not to a Court inferior to High Court or Supreme Court...........
Parole -- Declined on the ground that trial Court has awarded life imprisonment for whole of natural life of convict and without any remission - Power to award life imprisonment with rider that it shall be for rest of the natural life of convict or that he would not be entitled to any remission is available to only High Courts and Supreme Court and not to a Court inferior..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Non-compliance of High Court's order - High Court vide its judgment directed that any colour which is similar to flag of any political party should not be used for painting Gram Panchayat buildings - Directions issued by High Court are clear and unambiguous - High Court is right in holding that respondents..........
