License -- Cancellation of fair price shop license - Respondent not only suppressed the fact about subsequent allotment of fair price shop to appellant but also tried to mislead High Court that fair price shop of respondent was attached to another fair price shop holder - She averred in her writ petition that no third party allotment was made - Non-disclosure of relevant..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Cancellation of fair price shop license - Appellant appointed as fair Price Dealer during pendency of proceedings - Even, if a subsequent allottee does not have an independent right, he/she still has a right to be heard and to make submissions defending order of cancellation - Appellant thus,..........
Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Accused convicted on the basis of medical evidence - Accused will have the right to controvert and have the right to breach veracity of medical evidence which has been relied upon to order their conviction - It cannot be said that evidence ought to be brought on record is irrelevant -..........
Agreement to sell -- Specific performance - Non joinder of necessary parties - Plaintiff himself admitted that suit property was jointly owned by defendant, his wife and three sons - Specific objection was also taken by defendant in his written statement with regard to non-joinder of necessary parties - No effective decree therefore, could have been passed in their..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action on which suit is filed by plaintiff is quite different than cause of action on which defendant intended to file counter claim - Counter claim if permitted would change the nature of suit - Order refusing to file counter claim is proper...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction of daughter-in-law - Daughter-in- law has already availed her legal rights and remedies under the D.V Act and Rs.40,000 p.m granted to wife as maintenance - Said amount is already paid by respondents - There is no more conflict left between remedies available to daughter-in-law under..........
Service -- Dismissal - High Court set aside the order of dismissal passed in breach of principles of natural justice as copy of Inquiry Report was not given to the delinquent and without calling for his comments on the Inquiry officer's report and respondent was reinstated with full back wages - Impugned order set aside - High Court ought to have remitted the case to..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Husband contended that wife is guilty of parental alienation and is in violation of order passed by Apex Court - Contention rejected, as said issue is not subject matter of lis before this Court and any alleged violation of Apex Court order, cannot be a matter of adjudication before this Court...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Wholesale remand without framing any issue and without application of mind, is not permissible - Order of remand set aside...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Proceedings u/s 12 of the Act - Magistrate after obtaining response from husband and his relatives etc. is well within his jurisdiction to revoke his order of issuing summons to them or he can even drop the proceedings...........
