Criminal Procedure Code, 1973, Section 197 -- Sanction for prosecution - While performing official duty, if a person acts in excess of his duty and there is a reasonable connection between the act and performance of official duty, act done in excess cannot be regarded as a sufficient ground to deprive public servant of protection u/s 197 Cr.P.C...........
Civil Procedure Code, 1908, Section 92 -- Temple - Public or private - Determination - Temple is being administered by public, that new poojas and festivals are being conducted by them in temple - Public have renovated the temple and constructed buildings without involvement of family of plaintiff No.2 - Merely because a document is not executed by plaintiff No.2 and his..........
Hindu Adoptions and Maintenance Act, 1956, Section 18, Indian Contract Act, 1872, Section 23 -- Maintenance to wife - Agreement relinquishing claim for future maintenance - Would be contrary to public policy and unenforceable - Wife would be entitled to seek maintenance, if she is unable to maintain herself...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application u/s 372 of Succession Act for issuance of succession certificate - Objections against issuance of succession certificate are invited from general public - Application was filed by father of deceased who was entitled for impleadment in view of averments and claim made in application -..........
Civil Procedure Code, 1908, Section 92, Order 1, Rule 8 -- Distinction between suit filed u/s 92 CPC and O.1.R.8 CPC - Prior permission of Court is mandatory for a suit to be instituted u/s 92 CPC and in a suit U.O.1.R.8 CPC leave can be granted post institution of suit - Suit u/s 92 CPC can only be maintained where it relates to public charitable and religious trust and..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Maintainability - Suit filed by plaintiff seeking relief of permanent injunction restricting defendants from managerial capacity of property and also restraining them from selling property in question as well as for transferring the entire managerial work and right for maintaining and taking care of deity..........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Acceptance of Vakalatnama for victim appears to be just not proper and therefore, cannot be allowed to conduct prosecution as Special Public Prosecutor or Public Prosecutor must be independent having no connection or relation either with accused or with victim...........
Suit for Declaration -- Claim for offerings by public over shrine - Directions issued...........
Legal Services Authorities Act, 1987, Section 22C -- Permanent Lok Adalat established in respect of public utility services, can carry out both conciliatory and adjudicatory functions - Permanent Lok Adalat would first conduct conciliation proceedings and attempt to reach an amicable settlement of dispute - However, if parties fail to reach an agreement, it shall decide..........
Evidence Act, 1872, Section 65, 66 -- Secondary evidence - Original a public document - It is certified copy of such a document and not photocopy of it which is admissible as secondary evidence...........
