Service -- Compulsory retirement - Judicial Officer - Case of a Judicial Officer is required to be examined, treating him to be differently from other wings of the society, as he is serving the State in a different capacity - Case of a Judicial Officer is considered by a Committee of Judges of the High Court duly constituted by Chief Justice and then the report of the..........
Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3, 2(c) -- Preventive detention - Accused already in judicial custody - Detention order passed on the ground that there is every likelihood of accused managing to get bail and abscond thereafter - Detention order passed without recording requisite satisfaction..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 4 -- Juvenile Justice (Care & Protection of Children), Rules, 2007, Rule 9 - Juvenile - Bail - Application of mind has to be by Juvenile Justice Board and not by Principal Magistrate of Board only...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 569 days in filling appeal by State - Due to heavy load of work it slipped out of mind that case has been decided - Not believable - No sufficient reason assigned - Order dismissing application upheld - Chief Secretary directed to hold departmental enquiry and fix the liability of the officers, who are..........
Civil Procedure Code, 1908, Order 21, Rule 66, 64, 90 -- Execution - Sale proclamation - If no notice is serviced on J.D. U.O.21.R.66(2) and/or no sale proclamation is drawn up which makes the Court sale a nullity being void, it came within the scope of S.47 of the Code being pre-sale illegality - However, mere non application of mind while drawing up sale proclamation..........
Criminal Procedure Code, 1973, Section 408, 409 -- Transfer of case on the ground of bias - Judge made some remarks in the course of proceedings - Transfer of case sought - Held, conduct of the Judge cannot be termed as biased approach creating a valid base for recording the conclusion of reasonable apprehension in the mind of the parties to the proceedings that they shall..........
Civil Procedure Code, 1908, Section 148 -- Decree for specific performance of contract - Application for extension of time to deposit the balance sale consideration rejected without assigning any reason - Proprietary - Held, plaintiff has detailed and delineated the reasons in the affidavit accompanying the said application - Court has not chosen to rely upon those reasons..........
Summary Procedure -- Whenever authority follow summary procedure, requirement of law is that order should reflect application of mind - It is not necessary that order should be speaking one...........
Criminal Procedure Code, 1973, Section 145, 146 -- Police submitted report regarding existence of situation likely to cause breach of peace due to dispute regarding possession of properties - Magistrate after issuing notice to both the parties, prohibited them from using properties and directed them to maintain status quo - Held, under section 145 Cr.P.C. no interim order..........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Delay of five years - Condonation - It is a long period which has to be explained sufficiently - There has to be some cogent and valid reason - In such matters approach of Court should be justice oriented and liberal view should be taken but it does..........
