Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Charge of obtaining land by public servant - No material document produced to demonstrate ownership and title of complainant to land in question - Even, complainant did not choose to establish her title to land in appropriate proceedings -..........
Allotment of plot -- Fraudulent allotment - Dereliction of duties by HUDA officials - Enquiry conducted by HUDA shows that several officials were responsible for lapses in the matter of granting approval for allotment of plot, execution of Conveyance deed, approval of building plans and issue of full occupation certificate - Entire process leading to allotment of plot in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment - Suit for perpetual injunction - There is no thumb rule that in a suit for perpetual injunction, an advocate Commissioner cannot be appointed - However, the law is well settled that a Commissioner cannot be appointed to find out as to who amongst the parties is in possession of suit property..........
Constitution of India, 1950, Article 226 -- Remedy under Art.226 of the Constitution is extra ordinary and discretionary - Conduct of parties is relevant - A party having several remedies for the same cause of action, must elect his remedy and cannot be permitted to indulge in multiplicity of actions - Exercise of discretion to issue a writ is a matter of granting..........
Civil Procedure Code, 1908, Order 15, Rule 1 -- Disposal of suit at first hearing - Question as to whether parties are at issue on a question of law or fact, can be decided only after stage prescribed in O.14 of the Code is crossed - Question of framing issues arise either after the defendant files written statement or after the defendants are set ex parte - Court can come..........
Criminal Procedure Code, 1973, Section 482, Standards of Weights and Measures Act, 1976, Section 29, Standards of Weights and Measures (Enforcement) Act, 1985, Section 31, Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Rule 24, 25, 26 -- Deficiency in weight - Issue of process - In the instant case, product Palmolive naturals Soap (with cream) and..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence or additional evidence - Handwriting and finger print expert examined by plaintiff with permission of Court after closing his evidence in affirmative - Plaintiff claiming it to be rebuttal evidence and defendant claiming it to be additional evidence and thus having right to rebut the same - Said..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Preliminary issue - Probate proceedings - Issue as to caveatable interest - Preliminary issues are triable before proceedings are treated as a full fledged suit under order of judge concerned - Preliminary issue does not relate to validity or legality of Will sought to be probated but only to issue whether caveator has an..........
Guardians and Wards Act, 1890, Section 25 -- Custody of minor daughter aged 12 years - Claimed by father, as criminal cases were registered against mother - Case registered under Immoral traffic Act against mother ended in acquittal - Pendency of criminal case u/ss 177, 420 IPC would have no direct bearing on the custody issue, particularly when said case originated at the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and injunction - Petitioner purchased property from plaintiff prior to institution of suit - Said property included in scheduled property - If suit of plaintiff is decreed it will affect right of petitioner - Petitioner is absolute owner of scheduled property - Moreover, if..........
