Representation of the Peoples Act, 1951, Section 84(c), 101(b), 151, 150, Constitution of India, 1950, Article 190(3)(b) -- Two M.L.As submitted their registrations from membership of State Legislative Assembly - Vacancies occurred as Speaker accepted resignations - Election petitions pending in the Court against MLAs, who submitted resignations - Held, bye-elections to..........
Criminal Procedure Code, 1973, Section 436 -- Bail - FIR lodged for offences which are bailable - Held, accused cannot straightaway surrender before Magistrate and furnished bail with a request that he be released on bail u/s 436 Cr.P.C. when no proceedings are pending before Magistrate - Accused has to first appear before Police Officer Incharge of police station and..........
Bombay Prevention of Gambling Act, 1987, Section 4, 5 -- Bail - FIR lodged for offences which are bailable - Held, accused cannot straightaway surrender before Magistrate and furnished bail with a request that he be released on bail u/s 436 Cr.P.C. when no proceedings are pending before Magistrate - Accused has to first appear before Police Officer Incharge of police..........
Information Technology Act, 2000, Section 66 -- Bail - FIR lodged for offences which are bailable - Held, accused cannot straightaway surrender before Magistrate and furnished bail with a request that he be released on bail u/s 436 Cr.P.C. when no proceedings are pending before Magistrate - Accused has to first appear before Police Officer Incharge of police station and..........
Constitution of India, 1950, Article 105, 194, 19, 226 -- Some of MLA's alleging breach of privilege - Complaint filed against Editor-in-Chief and editor of newspaper for publishing news item that they were wrongly drawing the traveling allowance - Complaint forwarded to privilege committee on which action is pending - Writ filed challenging proceedings of Privilege..........
Evidence Act, 1872, Section 3 -- Evidence of witness - Appreciation - Criminal case pending against witness - Held, no ground to discard his testimony which is otherwise credible and corroborative by other evidence...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Production of additional evidence - Permissibility of - Petitioners utterly failed to establish that in spite of exercise of due diligence, documents sought to be produced as additional evidence were not within their knowledge or they could not, after exercise of due diligence, produce them before Court - They also..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Appeal - Production of additional evidence - Application for - Adjudication of - Appellate Court separately heard the application filed U.O.41.R.27 CPC on merits and dismissed the same - Legality of - Held, usually the application filed U.O.41.R.27 CPC should be adjudicated along with appeal pending in Court - Since the..........
Industrial Disputes Act, 1947, Section 33(2)(b), 33 -- C(2) - Dismissal - During pendency of industrial dispute - Computation of money - Application for - When the management passed order on 24.12.2003 dismissing the petitioners from service the industrial dispute raised by the Union was pending consideration - The employer has to apply for approval of its action of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Accused lodged a complaint, concerning same cheque, with police for offences u/ss 467, 420, 379 and 466 of IPC - Both cases pending in different courts - Held, when there are cross case the same Judge must try both the cases - Case..........
