Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Reasons furnished by plaintiff for withdrawing suit were not sufficient - Absence of seeking reliefs as to declaration and absence of permission from Gram Panchayat and ownership of disputed road, cannot be treated as formal defects - Production of valid map as per scale..........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - To grant a decree of perpetual injunction, what has to be considered is as to who is in actual physical possession of property - When property is baron land, vacant land or lying as a road etc., title deed should be there to ascertain the possession over such property - In such..........
Specific Relief Act, 1963, Section 38 -- Suit for perpetual injunction - Suit property a road - False claim of title - Unregistered sale deed, not reliable - Injunction cannot be granted on basis of such document...........
Indian Penal Code, 1860, Section 304A, 279, 337 -- Rash and negligent driving - Collusion between bus and jeep - Six persons died in the accident - Bus was driven on the correct side of road - There was enough space for the jeep to pass - Statements of DWs who were sitting in the bus shows that bus was being driven slowly as just prior to accident and jeep collided with..........
Indian Penal Code, 1860, Section 279, 337 -- Rash and negligent driving - Collusion between motorcycle and cycle - Two independent witnesses of occurrence not supported the prosecution case - Evidence on record shows that accused plying his motorcycle on correct side of road - Accused was not driving negligently on the relevant date - On the contrary it was the victim who..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - When demand and acceptance is not proved which are vital ingredients so far as establishing guilt of accepting illegal gratification is concerned and in consequence whereof, recovery of tainted currency notes behind water pots which were lying outside police station on public road has become..........
Indian Penal Code, 1860, Section 376(2)(g), 34 -- Gang rape - Common intention - Accused with co-accused took victim forcibly in car and one of accused committed offence of rape behind school - While victim was being raped by one, other persons did catch hold of her legs and hands - After said accused got his lust satisfied, did drop victim by side of road - All these..........
Employee's Compensation Act, 1923, Section 3, 30 -- Compensation - Admission of employer, finding has been record that deceased died in road side accident and since he was going to take water for truck - Thus, it was arising out of and in course of employment and resultantly there is no reason to disbelieve oral as well as documentary evidence led by claimants...........
Service -- PEPSU Road Transport Corporation - Regulation 1992 - Corporation had taken due care to inform all its Headquarters and Depots and all concerned about Regulation - Even the regulation circulated to all General Managers with endorsement to be put on the Notice Board - It is not necessary for corporation to give individual notice to all employees, as the Regulation..........
Service -- PEPSU Road Transport Corporation - Suit for declaration to the effect that plaintiff is entitled for pension and commuted pensions - Employees of corporation were governed by Contributory Provident Fund (CPF) Scheme prior to 1992 - Pension scheme was introduced after Regulation 1992 - Plaintiff retired in 2011 and after retirement received CPF benefits without..........
