Civil Procedure Code, 1908, Section 11 -- Res judicata - Means - A `thing adjudicated' or `an issue that has been definitively settled by judicial decision'...........
Indian Penal Code, 1860, Section 366A, 376G, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Offence u/ss 366-A, 376-G IPC and Ss.5, 6 of POCSO Act - Cognizance of offence - Trial Court rejected final report submitted by police while taking cognizance of offence and summoned the petitioners through arrest warrants - However, case was thoroughly..........
Civil Procedure Code, 1908, Section 9 -- Exclusive jurisdiction of civil Court - Issue of adoption and inheritance rights - Can be decided exclusively by Civil Court and indeed outside the jurisdictional sweep of revenue authorities...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit for specific performance - Issue as to admissibility of document, based on its sufficiency of stamp duty and registration - Said issue is foundation of suit - Issue be decided as preliminary issue...........
Constitution of India, 1950, Article 226 -- Review - High Court not addressed submissions made by appellant - Order passed by High Court set aside and request High Court to address the issue raised in review petition regarding availability of alternate land belonging to Government and other public authorities and pass a speaking order...........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Setting aside - Notice for arbitration - Issue as to rate of escalation - Work completed in the year 1997 - Work was extended several times - Claimant by his letter reserved his right to claim money later since contract was still subsisting then - Claimant raised bill in the year 1998 - Bill not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought based on subsequent event when plaintiff refused to accept the amount sent by defendant and denied the relationship of landlord and tenant between parties - Said amendment clearly appears to be an attempt to create evidence during pendency of suit so as to..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused chased the deceased and informant and to show his supremacy and power, opened fire causing gun shot chest injury to deceased resulting in his death - Intention could be gathered from the weapon used and part of body aimed for causing injury - Occurrence did not take place at the spur of moment..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Commission for scientific investigation - Court has got necessary discretion to issue a commission for deciding any question which requires scientific investigation and which cannot be conveniently decided by court without such investigation...........
Service -- Disciplinary proceedings - Unblemished career throughout - Admission of charges - Once employee admitted the charges, appropriate punishment, as prescribed in the Rules, could be inflicted - It is for the appointing authority to take into account the seriousness of charge and overall performance of the employee while imposing punishment - In the instant case it..........
