Rent and Eviction -- Finality of a judicial decision - Judicial decision attains finality if immediate next superior forum is not approached by the party suffering the decree/order of the Court seized of the lis - However, finality of a judicial decision would have no applicability in a situation where a party, despite owing money (unpaid rent, here) to his adversary in..........
Judicial review -- Tender - In tender matters, Court exercising judicial review does not sit in appeal over decision of a tendering authority regarding disqualification of bid - Only in cases where such decision is dehors terms of notice inviting tender (NIT) or is patently arbitrary then Court exercises powers of judicial review and set aside such a decision...........
Probation of Offenders Act, 1958, Section 3, 4, Criminal Procedure Code, 1973, Section 360, 361, Indian Penal Code, 1860, Section 440 -- Benefit of probation - Offence u/s 440 IPC - Appellants were convicted for maximum period of six months u/s 440 IPC - Therefore, benefit of probation could have been given - But, while awarding sentence said aspect was not considered -..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Certified copies of judgment sought to be produced which are per se admissible - No prejudice would be caused had trial Court allowed certified copies of judgments in issue to be placed on record by putting parties to certain terms - Application allowed subject to payment of costs of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 143, 147, 148, 353, 333, 332, 436, 427, 149, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 20, Prevention of Destruction and Loss of Property Act, 1981, Section 2 -- Bail - Offence u/ss 143, 147, 148, 353, 333, 332, 436, 427, 149 IPC, Ss.16, 18, 20 of Unlawful Activities..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier writ petition was withdrawn in view of undertaking that auction shall take place in accordance with terms and conditions of lease which was not done so, as such there arose a fresh cause of action - Principle of res judicata does not apply - High Court erred in dismissing Writ Petition on the ground that the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of summons - Directions issued: (a) In all cases filed u/s 138 of the Act, service of summons shall not be confined through prescribed usual modes but shall also be issued dasti i.e. summons shall be served upon accused by complainant in addition; This direction is necessary as a large number of..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Documents are material for determining title and possession of disputed property - Documents are official records and rejection of application has resulted in failure to consider documents crucial for adjudication of real controversy - Documents are not voluminous nor would their production prejudice..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fee - Suit for declaration and cancellation of transfer deed - Non-executant - Plaintiff was not executant of transfer deed in question and he has also claimed relief of possession - Ad valorem Court fee would be payable in terms of provisions of Ss.7(iv)(c) and S.7(v) of the Act and not in terms of market..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial proceedings - Settlement arrived at between parties during pendency of transfer petition - Parties guided by seasoned counsel and Mediator, not only agreed to dissolve their marriage by mutual consent u/s 13-B of Hindu Marriage Act but have also comprehensively settled collateral issues, i.e, permanent..........
