Criminal Procedure Code, 1973, Section 397, 202, 203, 204, Indian Penal Code, 1860, Section 395, 397 -- Summoning order - Police report that no occurrence of dacoity took place - Case not appearing to be probable - Complainant had also filed some other complaints against some of the accused persons - Case appears to have been filed to harass his opponents - Judicial..........
Constitution of India, 1950, Article 226 -- Judicial review - In exercise of powers of judicial review High Court is concerned more with the decision making process rather than the decision reached at - The decision having been validly reached at on the consideration of the material and evidence on record and the said decision not in any manner shown to be illegal or..........
Criminal Procedure Code, 1973, Section 200, 202, 203 -- Second complaint - On same cause of action and between the same parties - Earlier complaint dismissed for failure to put in process fee for effecting service - Held, second complaint is maintainable...........
Civil Procedure Code, 1908, Section 5, Order 9, Rule 13 -- Ex parte decree - Setting aside - Condonation of delay - Petitioner appeared and abstained himself - Plea that counsel did not inform him the correct position as such he could not attend the court not believable - It was his duty to come to Court and enquire from his counsel and should have also looked into the..........
Land Acquisition Act, 1894, Section 4, 6 -- Land acquisition - Transfer of acquired land to another person - Not binding on State - Once the land is acquired by following due process of law, the same cannot be transferred by the land owner to another person as such transfer is void and is not binding on the State - A transferee of the acquired land can, at best, step into..........
Punjab Land Revenue (Lambardari) Rules, 1908, Rule 19B -- Lambardar - Appointment - An administrative act and prerogative of the District Collector - His selection is not to be lightly undone until and unless it is shown that there is a gross irregularity, perversity or patent error in appointing the Lambardar - In exercise of the powers of judicial review the Court is..........
Arbitration and Conciliation Act, 1996, Section 7 -- Arbitration agreement - A clause in the agreement whether constitutes an arbitration agreement - To find it out, it has to be seen (i) that the clause must contemplate that the decision of the Arbitrator would be binding on the parties; (ii) that the Arbitrator derive its jurisdiction either from the consent of the..........
Criminal Procedure Code, 1973, Section 190 -- Recall of process - Magistrate has no jurisdiction to recall his order issuing process in the absence of any power of review or inherent power which did not inhere in the subordinate Criminal Courts, but was available to the High Court u/s 482 Cr.P.C...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 3(1) -- After passing of eviction decree by civil court Rent Act became applicable - Rent Act became applicable when execution process of Civil Court decree had not come to full realization - Decree Holder was trying execution of Civil Court decree after notification had been made to the area to come within..........
Criminal Procedure Code, 1973, Section 200, 204, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Issue of process - Complaint for offence u/ss 138 & 141 mentioning necessary averments - However, no, mentioning of necessary ingredients in pre-summoning statement u/s 200 Cr.P.C. - Effect thereof - Held, accused could not be discharged...........
