Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- P&H - Impleadment of LRs. - Contention that defendant No.4 died during pendency of suit and her legal representatives were not impleaded - Held, contention does not help appellants because defendant No.4 herself was served in suit and was ultimately proceeded ex-parte - If thereafter defendant No.4 died, the suit could..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Discharge of accused sought by police - Legality of - Held, when a person is summoned under Section 319 of the Code by the Trial Court to face trial as an additional accused, police has absolutely no right to ask for the discharge of the accused simply because police has not found him involved in the..........
Haryana Co-operative Societies Act, 1984, Section 79, 80(3) -- Sale certificate - Delivery of possession - D.H. seeking execution of certificate of sale and delivery of possession issued by competent authority - Objection petition filed on the ground that Civil Court has no jurisdiction - Held, u/s 80 of the Act, if decree holder is equipped with sale certificate, he can..........
Industrial Disputes Act, 1947, Section 2(oo), 25 -- B, 25 - F,25 - G and 25 - H - Termination - Continuous service - Principle of 'last come first go' - Except for short breaks of a few days, the service of workman was extended from time to time and that workman had completed nearly 2 - 1/2 years of service under the management - The definition of continuous service..........
Criminal Procedure Code, 1973, Section 439 -- Drugs and Cosmetics Act, 1940, Drugs and Cosmetic Rules, 1945, Rr.65, 97 - Bail - FIR u/ss 21, 22, 61 & 85 of NDPS Act - Petitioner found in unauthorized possession of intoxicating capsules and injections - Petitioner having licence to sell, stock or exhibit or offer for sale or distribute wholesale drugs other than those..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- (As in P&H) - Impleading of L.R's - There is no limitation for bringing on record legal representatives of plaintiff/appellant in a suit or an appeal - Amendment made by Punjab & Haryana High Court vide notification dated 21.2.1992 does not stand repealed by the Amending Act of 2002...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - D.H. complaining interference by JD in his possession - Executing Court dismissed execution application observing the revenue entries and report of Superintendent of Police do not support possession of DH - Order of executing court set aside - Held, judgment of competent civil..........
Indian Penal Code, 1860, Section 395, 397, Arms Act, 1959, Section 25 -- Dacoity committed by four person - Police was informed by complainant that his daughter-in-law managed to escape from the house and informed that 5-6 persons have entered in their house causing injuries to his wife and took away jewellery and cash - Conviction set aside on the following grounds : (a)..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Can be executed by D.H. or his legal representatives against J.D. or transferee of J.D. who is a purchaser pendente lite...........
Burn injuries -- Inflicted before or after death - Medical Jurisprudence and Toxicology by H.W.V. Cox referred where burns inflicted before after death is dealt with at Page 322 - Also referred Modi in his Medical Jurisprudence and Toxicology Page 212A - Held, comments made by learned author read with contents of post mortem reports of deceased show that both the deceased..........
