Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Should not invariably be limited to a fixed period - It should inure in favour of accused without any restriction on time - Normal conditions u/s 437(3) r/w S.438(2) should be imposed - If there are specific facts or features in regard to any offence, it is open for Court to impose any appropriate condition..........
Election -- Recounting of votes - Direction of Tribunal to place report contained in sealed envelope before District Election Officer for declaration of result - Challenge as to - Direction even if inappropriate would not affect order of recount of votes - Moreover, it was open to High Court to mould the direction issued by Tribunal instead to issue direction u/s 140 of..........
Service -- Promotion - Post of Section Officer - Respondent appointed as electrician - There was no specific order of promotion promoting respondent to post of Section Officer - Only for some time, respondent was directed to look after work of Diary/Dispatch Section - However, designation of respondent is continued as electrician - Merely because an employee is given a..........
Easements Act, 1882, Section 35 -- Easementary rights - Injunction restraining disturbance - Plaintiffs have claimed right of way - Use of way was for more than 20 years, apparently, it was open and without obstruction - Plaintiff thus, discharged burden of establishing their long standing use of pathway which is nothing but easementary right by prescription - Concurrent..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 504, 506(2) -- Anticipatory bail - Offence u/ss 504, 506(2) IPC - Taking into consideration facts of case, nature of allegations, gravity of offences, role attributed to accused, anticipatory bail granted to accused with conditions - Despite order granting anticipatory bail, it would be open for..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction petition - Bonafide need - It is open to landlord to seek eviction of a commercial property for a bonafide need irrespective of fact whether need is for residential or commercial accommodation...........
Criminal Procedure Code, 1973, Section 167 -- Remand - Judicial Officers are mandatorily required to examine the record, whereafter to record their satisfaction with regard to the need and requirement of accused to be detained and kept in custody - In the instant case remand order passed in a very casual and a perfunctory manner - Petitioner directed to be released..........
Rent and Eviction -- Maintainability of petition - Execution of rent deed and rent paid in pursuance thereto - Not open for respondents to deny status of appellant as a landlady - Eviction petition at the instance of appellant, held, maintainable. (Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, S.2(6)...........
Army Rules, 1954, Rule 180 -- Non-compliance of R.180 of Army Rules - De-novo inquiry - Neither ground of no, compliance of R.180 of Army Rules raised at stage of framing of charge, recording summary of evidence, nor during Court martial proceedings - After a final order was passed by Court martial on basis of a full-fledged trial, it is not open to respondent to raise..........
Criminal Procedure Code, 1973, Section 167 -- Police remand of an accused who is on anticipatory bail - Accused trying to avoid his interrogation - Accused not co-operating with the investigation - Presence of accused necessary for further investigation into the matter - Accused to appear before I.O. for the purpose of interrogation and in case interrogation is not..........
