Civil Procedure Code, 1908, Section 11 -- Previous suit by defendant for permanent injunction - Finding recorded in previous suit that defendant in possession of suit land not as a tenant but as a trespasser however plaintiff restrained from taking forcible possession except in due course of law - Relief restraining dispossession except in due course of law - Cannot be..........
Revision -- Chit Fund Schemes - Complainant's case that even after receiving Rs.50,000/- under both the chits, the OP did not adjust Rs.25,000/- in the second chit - District Forum while holding the OP deficient in service directed the OP to refund Rs.56,115/- to complainant alongwith interest @ 12% - Appeal filed by the OP dismissed on merits as well as barred by..........
Insecticides Act, 1968, Section 31 -- Sanction to prosecute - In a case of criminal liability, the sanction should be against every individual and not against a firm which is not a legal entity in the eys of law - No sanction individually against any of the petitioners taken - Sanction held bad in law - Complaints quashed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Entertainable only if case involves a substantial question of law...........
Consumer Protection Act, 1986, Section 2(1),(d),2(1),(o) -- Consumer - Services - Case law discussed...........
Negligence -- Medical Negligence - Case law discussed...........
Criminal Procedure Code, 1973, Section 432,433 -- Remission of sentence - High Court has no power to grant remission straightaway - At the most, it can direct the Government to consider the case for the grant of remission in accordance with law - When such a restriction has been put even on the High Court, a District Court being the appellate court cannot usurp the powers..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Lawyers strike - Non appearance of counsel - Court restoring such a case in violation of the law laid down by Supreme Court will be committing contempt of Apex Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 64, 65 -- Summons - Service - Case dismissed for non payment of registered postal charges - There is no procedure for issuance of process to an accused by post - If service of summons is not fruitful then Court can issue bailable or non-bailable warrant of arrest - Order as to payment..........
Hindu Law -- Ancient adoption - Proof - In a case of ancient adoption where all other evidence is obligerated Court has to consider the factum of adoption only on the basis of contemporaneous documents and possession of the properties left by the adoptive parents...........
