Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Matter pending in a Court at a distance of 60 kilometers which are adjoining districts - Small distance not overwhelming reason to order transfer of matter - Application dismissed...........
Service -- Compassionate appointment - Appellant being son of deceased employee applied for appointment on compassionate ground under 1990 Rules, as mother of appellant was unable to take job due to her medical condition - He was fulfilling all the conditions for appointment on compassionate grounds under 1990 Rules - However, application of appellant pending and no order..........
Criminal Procedure Code, 1973, Section 122(1)(b) -- Imprisonment in default of security - Petitioner executed bond u/s 110(e) Cr.P.C for a period of six months - Pending the period of bond petitioner involved in another case and was arrested - Magistrate without issuing any show cause notice and without giving opportunity of hearing to petitioner mechanically passed an..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 10 years 8 months in filing appeal - Appellate Court condoned the delay without giving notice to plaintiff and without hearing him - Proper procedure for appellate Court to not admit condonation application but to keep it pending and issue a notice upon other side to..........
Service -- Cancellation of candidature - On the ground of suppression of information regarding registration of criminal cases - Three to four FIRs filed against petitioner culminating into criminal trials and in two cases he has been acquitted on the ground of compromise and in one case though convicted, he has been granted the benefit of Probation of Offenders Act - One..........
Arbitration Act, 1940, Section 21 -- Reference of dispute to Arbitration - Word `agree' in S.21 of the Act refers to consensus ad idem between parties who take a considered decision to forgo their right of adjudication before a Court where suit is pending and mutually agree to have subject matter of suit or part thereof adjudicated and decided by an arbitrator...........
Constitution of India, 1950, Article 142 -- Parties from different States - Settlement entered into between parties - Settlement deserves to be accepted - All proceedings pending between parties stands disposed of in terms of settlement - Decree of divorce by mutual consent granted as prayed by parties - Marriage between parties dissolved...........
Indian Penal Code, 1860, Section 302, 323, 325, 452, 447, 147, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v)(x) -- Murder - Prior civil litigation pending between parties - Strained relations and enmity between both the parties established - In view of such strained relations between parties, complainant party appears to..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Earlier suit qua the subject matter of present suit pending consideration in second appeal - Appeal is continuation of suit - It can be safely held that lis in between the parties qua the same subject matter is sub judice before a competent court - Undeniably there is possibility of conflicting..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Cause of action for transfer petition wholly accrues at District Shahjahanpur which is beyond the specified area of Oudh - In the matter relating to transfer of case from one district to another, if the case is pending before a Court which is within specified area of Oudh only in respect of such cases, Court..........
