Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim in suit based on an agreement executed through power of attorney holder - Court is not debarred from looking into power of attorney - It is open to Court to read terms of Power of Attorney alongwith plaint in the same manner as documents appended to the plaint, which form part of the plaint...........
Service -- Misconduct - Disciplinary proceedings - Punishment - After Enquiry Officer records his findings, it is always open for disciplinary authority to arrive at tentative conclusion of proposed punishment and it can indicate to delinquent employee by enclosing a copy of enquiry repot...........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Order u/s 156(3) Cr.P.C. directing police to register and investigate a cognizable offence - Not open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued - Moreso such an order is an interlocutory order and remedy of revision is barred u/s 397(2) Cr.P.C...........
Indian Medical Council Act, 1956, Section 10A, 11(2), (19) -- Medical education - Admission to MBBS course - Permission to admit 150 students in course for academic year 2019-20 - Appellant college is a recognized college - Since recognition was for a period of 5 years which ends in the year 2021, it is open to appellant to apply for renewal of recognition - College shall..........
Indian Penal Code, 1860, Section 302 -- Murder - Accused on previous night came to house of PW2 and since expressed his apprehension about danger to his life from other villagers and asked to stay in their house - On the next day PW1 knocked the door and accused did not open and threatened her stating that he had already killed deceased - Accused did not open the door even..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First Appellate Court - Suit for permanent injunction and possession - Once title of plaintiff stood confirmed and that being a finding of fact, said finding of fact cannot be open to be assailed primarily on technical grounds as raised in terms of O.41.R.31 CPC - No material produced by appellants/defendants to..........
Service -- Discharge/dismissal - Where an employer has failed to make an enquiry before dismissal or discharge of a workman, it is open for him to justify action before Labour Court by leading evidence before it...........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Person does not commit contempt of Court if during pendency of certain proceedings, he takes recourse to other judicial proceedings open to him, even though later proceedings put other party at a loss...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Sought from Court at `F' to Court at place `L' - Admittedly, area of `F' does not fall within territorial jurisdiction of Lucknow Bench of High Court - High Court Bench at Lucknow has no jurisdiction to transfer case pending outside its territorial jurisdiction - It would be open for petitioner to..........
Land Acquisition Act, 1894, Section 23 -- Acquisition of land - Compensation - Interest on solatium - Claim for interest on solatium would be payable if reference Court has either not referred to it or has not rejected it expressly or by necessary implication - Moreover, claim can only be made in pending execution proceeding - In the instant case, claim for interest on..........
