Civil Procedure Code, 1908, Section 9 -- Civil Court - Service matter - Jurisdiction - Dismissal from service by Disciplinary authority - Civil suit challenging dismissal from service - Dismissal from service set aside being illegal, bad in law and non est being against principle of natural justice - Order upheld...........
Fraud -- Decree obtained by playing fraud on Court is a nullity and non est in the eyes of law...........
Punjab Excise Act, 1914, Section 61 -- As amended by Punjab Act No.10 of 2003, w.e.f. 2.5.2003 - Punjab Excise Powers and Appeal Orders, 1956, Clause 5 - Recovery of 8 bottles of liquor - In view of the amended provision offence is triable by Deputy Excise and Taxation Commissioner - However FIR lodged in police station and challan presented in Court and charges framed -..........
Punjab Excise Act, 1914, Section 61 -- (As amended by Punjab Act No.10 of 2003, w.e.f. 2.5.2003), Punjab Excise Powers and Appeal Orders, 1956, Clause 5 - Recovery of 8 bottles of liquor - In view of the amended provision offence is triable by Deputy Excise and Taxation Commissioner - However FIR lodged in police station and challan presented in Court and charges framed -..........
Order -- Non est order - An order passed subsequently to an order which is held to be non est is of no consequence...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Execution - Petition dismissed on receipt of a letter by post requesting dismissal of execution petition - Order dismissing execution proceedings is per se an order which is based on such material which is not liable to be looked into and, therefore is non est - Execution restored from date on which it was..........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Appeal barred by time - Application for condonation of delay - Appellate Court allowed appeal without deciding the application for condonation of delay - Judgment of Appellate Court is wholly without jurisdiction - Incumbent upon the Court to decide application under section 5 before..........
Criminal Procedure Code, 1973, Section 145 -- Jurisdiction of Executive Authorities to adjudicate dispute as to possession during pendency of civil suit - Suit for declaration of being owner in possession pending in Civil Court ` Proceedings before SDM u/s 145 Cr. PC during pendency of civil suit - SDM holding a particular party to be in possession of land. Held -..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i) -- Milk - Sample found adulterated - Conviction on the basis of report of Public Analyst - Report of CFL not taken into consideration as not proved or formally tendered in evidence - Report signed by Director CFL can be used as evidence without formally getting it proved and/or formally admitting the same into..........
Specific Relief Act, 1963, Section 31 -- Void document - Decree for setting aside the same - Not necessary as document is non est in the eye of law and it would be nullity...........
