Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - No case of prosecution that any of condition so stipulated while granting bail has been violated or there has been infraction of any of conditions so imposed - In the absence of there being a strong prima facie case on the conditions of bail having been violated, it would not be appropriate for said..........
Bihar and Orissa Government Estate Manual, 1919, Rule 15, 28(5) -- Resumption of land - State did not bring any material on record to show that there was any specific public purpose for which land was required as provided in Bihar and Orissa Government Estate Manual - Resumption case was initiated due to breach of conditions of Manual and conditions of lease agreement and..........
Lease -- Legal heirs of original lessee did not take steps for renewal by filing an application after determination of lease in 1965, much less 3 months prior to expiration of terms as required under Clause 14 of lease deed - However, such renewal was sought only in 1972 that too by one of lessees by filing renewal application, which is not adjudicated or disposed of till..........
Protection of Children from Sexual Offences Act, 2012, Section 9(m), 10 -- Sexual assault - Incident had taken place in broad daylight in the presence of other people - It cannot be said that hand of prosecutrix was held by accused with sexual intent - Moreover, accused was in the state of insobriety and prosecution did not make any effort to examine accused upon his..........
Consumer Protection Act, 1986, Section 21(b) -- Revision - In the absence of anything suggesting that the State Commission had acted in the exercise of its jurisdiction illegally or with materially irregularity, interference with an order of State Commission confirming the order of District Forum, in exercise of the limited revisional power u/s 21 (b) of the Act, by NCDRC,..........
Indian Penal Code, 1860, Section 302 -- Murder of wife by husband - Investigation - Investigating Officer gave unimpeachable evidence proving the various steps taken by him for collection of evidence during investigation so as to link the appellant with murder of deceased - Fact that appellant was present with deceased on the night preceding the murder is firmly..........
Service -- Appointment - Denial of - Appellant though passed the selection examination but he was denied the appointment on basis of amended rule which does not even apply in the case of appellant - High Court on one hand thought it fit to proceed with contempt action against erring officers of State Government, but at the same time, denied relief to appellant on basis..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 1633 days in filing Special Leave petition - Explanation given for seeking condonation of huge delay of 1633 days cannot be accepted, as petitioner/State appeared before High Court and was heard before passing of impugned order, so it was within their knowledge - No sufficient cause is made out for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Land is vested with State government - No order in favour of plaintiff justifying his occupation of land - Application rightly rejected...........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Compensation - Factum of negligence on the part of Hospital as well as respondent has not been doubted - National Commission found medical record to testify to presence of needle in the abdomen of appellant - Appellant had suffered pain for more than 5 years apart from case having dragged on for more than a..........
