Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - In the absence of perversity in the judgment, interference by Supreme Court exercising extraordinary jurisdiction is not warranted - However, when appeal is heard by an appellate Court, being the final court of fact, is fully competent to re-appreciate, reconsider and review the evidence and take its..........
Punjab Panchayati Raj Act, 1994, Section 20(1)(a), 208(1)(c) -- Panch - Removal - Possession of contraband - Whether petitioner can be removed from post of Panch u/s.20(1)(a) of the Act during pendency of criminal trial? - Held, if Sarpanch/Panch is found guilty and has been convicted for any offence involving moral turpitude or for such offence i.e., forgery in..........
Criminal Procedure Code, 1973, Section 202 -- Issue of process - Accused residing beyond the territorial jurisdiction of Court - Court recorded statement of witnesses of complainant in connection with the inquiry - On being satisfied that prima facie case is made out issued summons - Provision of S.202(i) Cr.P.C. satisfied - Accused has no right of hearing at this stage -..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Labour Court - Findings of fact - Interference with - Labour Court's finding that respondents were workmen of appellant and not of contractor - Cogent reasons given - Held, High Court rightly refused to interfere with this finding of fact recorded by Labour court...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Proper and necessary party - A `necessary party' is a person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court - If a `necessary party' is not impleaded, the suit itself is liable to be dismissed - A `proper party' is a party who,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte preliminary decree - Application for setting aside ex parte decree filed on 05.07.2008 and final decree was passed on 20.08.2009 - While final decree was passed, application for setting aside ex parte preliminary decree was pending - Held, it is perfectly within jurisdiction of court to entertain application to set..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Criminal complaint - Quashing of - Petitioner was resident of Faridabad - Cheques in question were drawn on Punjab & Sind Bank, Ajronda, Faridabad where petitioner was maintaining its account - Cheques though were deposited for collection by respondent through..........
Adverse possession -- Hostile possession - Knowledge of same cannot be attributed from a stray entry in the jamabandi without any status which is smuggled into revenue record not having been made in accordance with law or without an order of Court to induct into possession and furthermore when this stray entry is contrary to the earlier entries reflected in the revenue..........
Jamabandi -- Entry as to change of possession - Held, Revenue Officer has no authority and jurisdiction to make a change in the record-of-rights save and except to the extent permissible under law and that too after due notice to the affected party, failing which no presumption is attached to such an entry...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Court having no jurisdiction - Held, S.24(5) of the Code clarifies that a suit or proceeding can be transferred from a court which has no jurisdiction to try it...........
