Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Abatement - Delay in bringing on record the LRs of defendant - Condonation of delay - On sufficient cause, delay in bringing LRs of deceased party should be condoned - Procedure is meant only to facilitate the administration of justice and not to defeat the same - Delay condoned - Appeal restored...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of a witness for further cross-examination - Petitioner seeking recalling of PW5 for his further cross-examination as some of important questions could not be put to him, because of inadvertent mistake on the part of counsel - No prejudice to be caused to prosecution in recalling PW5 - Moreover, every accused must get..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Liberal view be taken - Ignorance of party or delay on part of lawyer in filing revision petition are sufficient cause to condone the delay - Justice should not be defeated on mere technical grounds...........
Civil Procedure Code, 1908, Section 144 -- Restitution - Power vested in Court has to be exercised to ensure equity, fairness and justice for both parties - It flows from common stand of parties on the principle of law that for ascertaining the value of property which is no longer available for restitution on account of sale etc., Court should adopt a realistic and..........
Administration of Justice -- Judicial review - Contention that Mazagon Dock Ltd. was contrary to IFGL - Rejected - Moreover it is not applicable to present case...........
Administration of Justice -- Statutory provisions and notifications - Levy of Service Tax non-existent in Finance Act, 1994 - Notifications granting exemption qua service tax "levied" by the Act - Irrelevant...........
Registration Act, 1908, Section 77 -- Refusal to register sale deed - Appeal to Registrar dismissed - Alternative remedy available to party to approach civil Court u/s 77 of Act - Writ petition filed without availing said remedy - Writ petition, held, not maintainable - However, alternative remedy is not a absolute bar in the contingencies where writ petition has been..........
Indian Penal Code, 1860, Section 498A, 406, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406 IPC - Matrimonial Dispute - Misconduct - Quashing of FIR - Complainant has not been found to be bonafide litigant as after entering into compromise and receiving the amount of permanent alimony, she turned dishonest and had been avoiding her appearance - She..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 294, 504, 506, 354A, 354D -- Anticipatory bail - Offence u/ss 294, 504, 506, 354-A, 354-D IPC - Version as set forth by complainant prima facie belied by report of FSL - There is no likelihood of accused fleeing from justice - Anticipatory bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 2 kg charas - Reduction of sentence in default of payment of fine - Accused is a poor person and only breadwinner of family - Some linency must be given to accused - Instead of R.I. for a period of two and half years, it would be suffice to meet the ends of justice if accused is ordered to..........
