Punjab Land Revenue Rules, 1908, Rule 15, 16, 17 -- Appointment of Lambardar - Validity - Except hereditary claim, petitioner was having a clear edge on respondent No.7 - Held, choice of Collector, though not an absolute rule in every situation, yet it cannot be upset lightly by higher revenue authorities in hierarchy - Since order passed by Collector was not suffering..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - When ex parte decree is challenged then automatically the order proceeding ex parte would be deemed to have been challenged - There is no specific rule that at the time of challenging the ex parte decree, the order proceedings ex parte has also to be separately challenged...........
Criminal Procedure Code, 1973, Section 231, 309 -- Sessions trial - Adjournment for cross-examination - Validity - Matter adjourned for two months for cross-examination solely at instance of appellant's counsel on simple ground that counsel is engaged in some other matter in High Court on day when witness examined-i, chief - Held, while granting adjournment Court was..........
Protection of Women From Domestic Violence Act, 2005, Section 23(1) -- Maintenance - Petition by wife - Respondent not appearing - An ex parte order as per rule 12(3) can be passed u/s 23(1) of the Act - If respondent on appearance makes an objection, after hearing the respondent, an appropriate order can be passed as per S.23(1) of the Act...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Power when to be exercised - If person concerned is in custody and there is no imminent possibility of his being released, rule is that power of preventive detention should not be exercised - In the instant case, detenu having order of bail but did not..........
Constitution of India, 1950, Article 137 -- Review by Supreme Court - Article 137 empowers Supreme Court to review its judgments subject to the provisions of any law made by Parliament or any rules made under Article 145 of the Constitution - The Rules framed by Supreme Court under that Article lay down that in civil cases, review lies on any of the grounds specified in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Ordinarily a suit or an original proceeding is to be tried in all its stages on the cause of action as it existed on the date of its commencement - The exception to this rule may be summarized in the manner following - (i) Where it is shown that the original relief claimed has, by reason of subsequent..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, Constitution of India, 1950, Article 136 -- Special leave to appeal - Review - Doctrine of merger - Held, jurisdiction, conferred by Art.136 of the Constitution, is divisible into two stages - First stage is up to disposal of prayer for special leave to file an appeal - Second stage commences if and when leave to..........
Civil Procedure Code, 1908, Order 21, Rule 106(3), 105(2) -- Execution - Date of hearing of the case was fixed to 24.08.2004 on which date, the decree-holder did not appear for which case was dropped/dismissed - It is only by order dated 16.12.2009, the order passed on 24.08.2004 was set aside and the execution case was restored to file - No application for setting aside..........
Constitution of India, 1950, Article 226, 142 -- Medical college - Irregular admission - Cancellation after selectees had completed substantial part of course - Plea for equitable consideration - Appellant admitted on last day of joining course in total disregard to rule of merit - Fault for such admission though attributable to all authorities involved in process of..........
