Criminal trial -- Castigating remarks by Court - Special court passed adverse remarks against petitioner and another individual but petition was only filed by petitioner - Court must ensure that fundamental right enshrined under Article 21 of Constitution must not be violated by not providing same relief to other individual...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Cannot be sought by party for assistance of Court to collect favourable evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - In any suit, if Court believes that a local investigation is required or proper for the purpose of explaining or clarifying any matter in dispute, it may issue a commission to conduct such investigation - Purpose is fact-finding when Court cannot properly understand the dispute, especially..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local commissioner - Restricted inspection by a qualified technical expert involving mere physical verification and photography, would not amount to demolition, disturbance or collection of evidence in prohibited sense - Rather, it would assist Court in clarifying structural features of disputed wall...........
Criminal Procedure Code, 1973, Section 82 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.84) - Proclaimed offender - Petitioner has immediately moved the present petition showing his inclination to submit himself before trial Court when petitioner came to know about passing of order declaring him proclaimed offender - He can be given one chance to appear before trial..........
Specific Relief Act, 1963, Section 28 -- Rescission of contract - Relief of rescission of contract can be sought by a transferee pendente lite and while deciding such application, Court only decides antecedent rights - Fact that such right of rescission is sought after execution of sale deed in favour of original plaintiff is a fact fatal for the applicant...........
Civil Procedure Code, 1908, Section 24, Allahabad High Court Rules, 1952, Rule 5 -- Chapter VIII - Special appeal - Maintainability - Order passed on an application filed u/s 24 CPC is not a judgment so as to maintain an appeal against such an order under Chapter VIII R.5 of Rules - Such an appeal is barred by S.105 CPC - Special appeal, dismissed being not maintainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(C), 29(1) -- Contraband - Reduction in weight of contraband is sufficiently explained by natural drying and loss of moisture, a fact also recorded by PW6 in Analysis Report, which notes that sample contained dry, broken fragments - High Court rightly held that minor variations in weight,..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3 -- Application to examine LR of deceased plaintiff as a witness - Application dismissed on the ground that petitioner was impleaded as LR at the stage of defendant's evidence and evidence of plaintiff was already closed - However, since valuable rights of petitioner are involved in the case, it would be in the..........
