Civil Procedure Code, 1908, Order 8, Rule 1-A(3), Civil Procedure Code, 1908, Order 13, Rule 3 -- Documents - Not produced alongwith written statement - Can be received in evidence at the time of hearing of the suit with the leave of the Court - At that stage Court has to consider only the good cause for non production of those documents earlier - Admissibility and..........
Civil Procedure Code, 1908 -- Order 39, R. 1 and 2 - Temporary injunction - Departmental proceeding - Respondent-plaintiff initiated criminal proceedings over sexual harassment against her employer - Employer in turn retaliated by initiating departmental inquiry against her without taking notice of her complaint against them - Respondent plea, not possible to attend the..........
Criminal Procedure Code, 1973, Section 235(2) -- Conviction in appeal - Sentence awarded without opportunity of hearing - Remand - Is an exception, not the rule and ought, therefore, to be avoided as far as possible in the interest of expeditious though fair, disposal of case - If conviction is maintained in appeal, matter need not be remanded and Supreme Court can hear on..........
Criminal Procedure Code, 1973, Section 133, 138 -- Nuisance - Skins and bones of animals lying in the open which resulted into foul smell and pollution - Conditional order made keeping in view the report of Pollution Control Board and Tehsildar-cum-Executive Magistrate and notice of appearance issued - Pursuant to notice petitioner appeared but absented on the next date of..........
Land Acquisition Act, 1894, Section 5A, 4, 6 -- Challenge to acquisition proceedings on ground of non - hearing of objections under Section 5 - A - Hardly any choice for the Court but for to issue Notice of Motion whenever there is positive pleadings that objections under Section 5 - A not been heard - Normally while issuing Notice of Motion order passed asking petitioners..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - On hearing gun shot father of deceased reached place of occurrence and saw accused holding pistols and deceased died of gun shot injuries - Not a human conduct that after committing crime the assailants would keep on standing to be witnessed by the informant - The plea of the father that he was kept confined in a jungle..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Sufficient cause - Principles governing are: (i) Ordinarily a litigant does not stand to benefit by lodging an appeal late; (ii) Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated - As against this when delay is condoned the highest..........
Haryana Panchayati Raj Act, 1994, Section 51(3) -- Removal of Sarpanch - Non - supply of copy of enquiry report to Sarpanch - Resulted in denial of opportunity of hearing envisaged under Section 51(3) - Order of removal of Sarpanch liable to be quashed on that ground - Right to make representation to disciplinary authority against findings recorded in enquiry report -..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 44,21(2) -- Bar of jurisdiction of civil court - Exchange of land took place on the basis of the written compromise entered into between the parties during the course of consolidation while hearing the objection petition before the Consolidation Officer under Section 21(2) of the Act -..........
Civil Procedure Code, 1908, Order 15, Rule 5, East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(1) -- `First hearing'- Means the day on which Court applies its mind to the case which ordinarily would be when either issues are determined or evidence taken...........
