Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Pleader Commissioner - Dispute lies regarding use and utility of suit land either for cultivation purposes or having a school over the same - Petitioner denied claiming that there is no school building - Appointment of Commissioner is the right way to deal with the situation - For deciding an application for..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree of possession - Objections - Objection regarding averment made in caveat petition filed by DH claiming to be in possession - Same has been explained by DH by filing reply to application as a typographical error and mistake of counsel - Merely for a wrong assertion made in caveat, execution of decree cannot be..........
Criminal trial -- Wrong provision of Law - Mentioning of wrong sub section in charge sheet - Does not render investigation illegal or non est...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Wrong khasra number was mentioned in plaint - Amendment sought is necessary to fully and properly adjudicate the case - Issues had not been framed and suit was at pre trial stage - Application rightly allowed...........
Criminal Procedure Code, 1973, Section 340 -- False affidavit - No iota of evidence in reply to application about filing of false affidavit - Filing of wrong affidavit was not intentional - Moreover, there were number of FIRs registered against petitioner for which petitioner was called - Regarding any other act cause of action would not be to file a petition u/s 340..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Collusion between truck and bike - Death of driver of bike - Eyewitness/PW3 was accompanying the deceased in another bike - He stated that both the bikes being driven in normal speed when offending truck came from the wrong side and hit the bike of deceased - Truck was driven in a rash and negligent manner - After the..........
Hindu Marriage Act, 1955, Section 13(1)(iii) -- Divorce - Mental disorder of wife - Husband has made bald allegation that wife is suffering from mental illness and her behavior is abnormal but he has failed to adduce any documentary evidence thereto - He did not produce medical, documentary and oral evidence of doctor who is treating schizophrenia of wife - Husband has..........
Service -- Excess payment - Recovery after retirement - If excess amount was not paid on account of any misrepresentation or fraud on the part of employee or if such excess payment was made by employer by applying a wrong principle for calculating pay/allowance or on the basis of a particular interpretation of rule/order, which is subsequently found to be erroneous, such..........
Service -- Departmental proceedings - Wrongful order passed by quasi judicial authority - Departmental proceedings should not be initiated against quasi judicial authority merely because a wrong order was passed, in absence of allegations of extraneous factors or any form of gratification...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Instead of determining `whether or not there is sufficient ground for proceeding against accused', based on the material, it asked wrong question as to whether that would warrant a conviction - Order quashing proceedings set aside...........
