Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Scope - Held, O.1.R.10(2) CPC does not speak about the right of a no, party to be impleaded as a party - It speaks about judicial discretion of Court to strike out or to add parties at any stage of a proceeding - Discretion under said Rule can be exercised either suo motu or on application of plaintiff or..........
Constitution of India, 1950, Article 226, Railways Act, 1989, Section 3 -- Railway - Administration of - Scope of judicial review - Held, railway administration is a specialized field - Court should not direct railway to introduce new trains, add coaches or change timings of trains - Railway should be given freedom to grow, improve and serve nation...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Bonafide requirement - Subsequent events - Landlord sought eviction of tenant on the ground that he wants to set up business in demised premises alongwith his son - Death of landlord - Held, proceedings will continue - No need to amend pleadings so as to add need of son...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Section , Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - Should be allowed to be brought on record as party to the suit or appeal - However, when Court thinks that such a impleadment is vexatious or designed to unnecessarily protract litigation, Court may..........
Prevention of Corruption Act, 1988, Section 7(i)(d), 13(1)(d)(i)(ii) -- Accused, Head constable, demanded and accepted illegal gratification for accepting surety bonds of complainant and his sons and releasing them on bail - Complainant and PW who accompanied complainant to police station admitted that act of accepting bail bond was done on the same day on which..........
Civil Procedure Code, 1908, Order 1, Rule 3B -- Impleadment of State - Failure to implead in appeal - Duty of appellate Court - State was impleaded as a party U.O.1.R.3-B of the Code before trial Court - By defect/default, appellant/plaintiff failed to implead State as a party/respondent - Held, appellate Court should have pointed out this defect and should have directed..........
Electricity (Supply) Act, 1948, Section 49, General Clauses Act, 1897, Section 21, 14 -- Notification issued granting rebate in electricity charges to the industries set up in hill areas - Benefit subsequently withdrawn - Held, act of the State Govt. withdrawing concession cannot be faulted - State Govt. by virtue of S.21 of General Clauses Act can always withdraw,..........
Indian Penal Code, 1860, Section 304B, 302 -- Directions issued to all trial courts in India to ordinarily add S.302 to the charge of S.304-B, so that death sentences can be imposed in such heinous and barbaric crime against women...........
Indian Penal Code, 1860, Section 304B, 302 -- Dowry death - Husband found guilty, murdering his pregnant wife for demanding cash amount barely six months after their marriage - Cause of death was smothering and throttling - Trial court awarded life sentence - High Court reduced sentence to ten years - Held, there was no reason for High Court to reduce sentence - Directions..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50(1) -- Option to take suspect for search before nearest Gazetted Officer or Magistrate - Held, in order to impart authenticity, transparency and creditworthiness to the entire proceedings, in the first instance, an endeavour should be to produce the suspect before the nearest Magistrate who enjoys more..........
