Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Detention in civil prison - Disobedience of decree for permanent injunction - Apart from his own evidence, no independent witness examined by J.D's to falsify stand taken by D.H. - As more than six years have passed after J.D's were held guilty for wilful disobedience as such order of civil detention modified by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of eviction petition - Amendment sought by tenant pertains to maintainability of eviction petition in view of bar u/s 14(6) of H.P Urban Rent Control Act - However, very same question was earlier raised by tenant by filing application U.O.7.R.11 CPC before Rent Controller - However, same application though allowed..........
National Highways Act, 1956, Section 3A -- Arbitration - Appointment of arbitrator - Land acquisition proceedings - Land acquired in year 2004 - However, appellant yet to receive full compensation - Matter still pending before statutory Arbitrator, appointed u/s 3G(5) of National Highways Act - Matter requires expeditious disposal - Thus, it is just and proper to appoint..........
Guardians and Wards Act, 1890, Section 9 -- Guardianship of minor - Territorial jurisdiction - Divorce between parties - Child ordinarily residing with his mother at place `D' - Suit filed by father claiming to be guardian of minor at place `H' - Suit is not maintainable, as Court at `H' has no territorial jurisdiction to entertain the suit...........
Will -- Signature of testator on first page of Will - Not compulsory in view of S.2(h) of Succession Act, 1925. (Succession Act, 1925, S2(h)...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 384, 420, 120B -- Two FIRs relating to same offence registered at place `U' (Rajasthan) and at place `H'(Haryana) - Complaint resulting in registration of FIR at `U' was prior to the registration of FIR at `H' - While registering FIR at `U' police was not aware about existence of FIR at..........
Constitution of India, 1950, Article 226 -- Legislation - Direction to amend an Act - Cannot be issued - Power to enact legislature is a plenary constitutional power, which is vested in parliament and State legislatures - But judicial review cannot encroach upon basic constitutional function which is entrusted to legislature to determine whether a law should be enacted -..........
Right to Information Act, 2005, Section 8(1)(g), 8(1)(h) -- Prohibition on disclosure of information - Seeking certified copies of official case file containing remarks of I.O. and supervisory remarks of Director, CBI - Disclosing said information would endanger life and physical safety of persons apart from identifying source of information - Therefore, information would..........
Civil Procedure Code, 1908, Section 38, 39 -- Execution - Award of Lok Adalat - Property situated outside jurisdiction of Court - Execution be filed before competent Civil Court - Thereafter D.H. to get the execution petition transferred to the Court within whose jurisdiction the property is situated - In the instant case execution petition filed in the Court within whose..........
Criminal Procedure Code, 1973, Section 181(4), Indian Penal Code, 1860, Section 406 -- Territorial jurisdiction - Criminal breach of trust - Return of stridhan articles - Articles are to be returned after conclusion of trial at place `H' where wife is residing with her parents - Part of cause of action has thus arisen at place `H' and Court at that place has jurisdiction -..........
