Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Non-framing of issue - Lower Appellate Court not justified in setting aside the judgment of Court of first instance without setting aside findings recorded by it - Direction issued by Lower Appellate Court while remanding the matter to frame issue is also erroneous, as neither defendants being raised the question..........
Excise -- Classification of goods known as Polyester Covered Yarn and Nylon Covered Yarn - Demand of differential duty - Classification proposed on principle of pre-dominance of textile material used - Assessing Authority also referred to tests reports from Man Made Textile Research Association (MANTRA) which also supported the version of Revenue - Tribunal has revisited..........
Lokpal and Lokayuktas Act, 2013, Section 4(2), 4(3) -- Whether the Act, as it exists, sans amendment proposed, becomes workable or unworkable - Issue as to - Amendment Bill proposing amendment of S.4(3) of the Act is pending before Parliament - Said amendment does not attempt to cure any shortcoming in the Act - U/s.4(2) of the Act appointment of the Chairperson or Member..........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal against remand order - High Court had no jurisdiction to decide the appeal on merits while deciding the appeal U.O.43.R.1(u) CPC, as it gives limited power to High Court to examine the issue relating to legality of remand order...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 7 kg charas - Non-joining of independent witnesses - Testimony of police officials must be scrutinized with greater care in the absence of independent witnesses, particularly when police witnesses contradict themselves on the issue as to in whose hand writing the seizure memo, arrest memo,..........
Evidence Act, 1872, Section 112, 45 -- DNA test - Issue as to paternity of Tamil film star `D' - One couple claiming maintenance from `D' on the pretext that he is their lost son - Identification marks on `D' not proved to be son of couple - `D' has no nexus with the lost son of said couple - Prima facie case not made out in favour of couple - DNA test cannot be routinely..........
Constitution of India, 1950, Article 226 -- Once appellate Court granted leave to appellants to file appeal recognizing their locus in the subject-matter of writ petition then instead of deciding the issue in its appellate jurisdiction, the appellate Court should have remanded case to writ Court for deciding the writ petition afresh after granting an opportunity to..........
Criminal Procedure Code, 1973, Section 70(2) -- Issuance of no, bailable warrant - Court at the first instance cannot issue non bailable warrant - When cognizance is taken by Court, either summons are issued at the first instance or bailable warrant and if accused is not responding to the same, then, Court may resort to issuing non bailable warrant - Order of trial Court..........
Specific Relief Act, 1963, Section 37, 38 -- Suit for permanent prohibitory injunction - No issue framed to the effect that suit was not maintainable in absence of proper specifications/khasra numbers as possession was with defendant - Even, no such objection was taken by defendant in his written statement - In absence of proper issue regarding maintainability of suit,..........
Adverse possession -- Plea of adverse possession is only available to defendant if he admits the ownership of true owner over suit property to the knowledge of true owner - If defendant does not admit plaintiff's ownership over suit land, issue of adverse possession, cannot be tried successfully at the instance of defendant against plaintiff - Moreover, defendant having..........
