Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Report of Local Commissioner - Defendants have filed objections to Commissioner's report - When defendants have filed objections to Commissioner's report, defendants could have examined Court Commissioner - However, trial Court without permitting defendants to examine Court Commissioner, placed reliance on report of Court..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68(O), 68(F)(2) -- Appeal - Order passed u/s 68(F)(2) - When remedy of appeal is provided u/s 60(O) of the Act and petitioner had already filed appeal before designated forum, appellate authority ought to have decided appeal on merits, rather than throwing away on account of defect in appeal being not signed by..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Secured asset - Tenant in secured asset - Respondent claimed he was a tenant in the secured asset from 1987 - However, he was unable to place on record any rent receipt, tax receipt or electricity bill evidencing continued occupation of premises prior to..........
Indian Penal Code, 1860, Section 302, 376, 397 -- Offence u/ss 302, 376, 397 - Conviction - The chain of circumstantial evidence in no way points to a singular hypothesis, that is the guilt of the accused, ruling out his innocence or involvement of none else in the crime - As a result, the conviction of the Appellant-convict is vacated - He is directed to be released..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Non filing within time - No good reason assigned for not filing written statement for more than two years after appearance in suit till matter reached the stage of judgment - Application to set aside `no written statement' order, rightly rejected...........
Compulsory retirement -- Reduction of pension - When full pension admissible to a compulsorily retired employee u/regul 33 of Pension Regulations is reduced, a prior consultation with Board is necessary - Post facto approval cannot be a substitute of prior consultation with Board before decision is made - Even no opportunity of hearing was given by authorities prior to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Second handwriting expert - Report of Forensic Expert on record and not set aside - Application dismissed by holding that there is no necessity to send signatures for comparison to another Forensic Expert - Order upheld...........
Indian Penal Code, 1860, Section 120B, 415, 420, 34, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss. 120-B, 415, 420, 34 IPC - Appeal against quashing of complaint - Allegation of creating forge family tree and partition deed to secure compensation land, excluding complainant and her sisters - As per record, HC relied on the statement of sub registrar that was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Appeal dismissed on the ground of non prosecution and without giving proper opportunity of hearing to petitioner - Appellate Court has passed the order in a mechanical and cursory manner and without application of mind as no reasons or findings have been given in impugned..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in plaintiff's ownership and possession - Plea of plaintiff that partition had taken place in the year 1970 and suit land had fallen to their share not supported by any document - However, defendants have placed on record Khasra Girdawari issued in the year..........
