Civil Procedure Code, 1908, Order 13, Rule 9 -- Return of admitted documents - Where entitlement of defendants is decided and Court has held that amount in fixed deposit is amount which defendants are entitled, there can be no rider placed on power of Court to pass an order to return documents by relying on O.13.R.9 CPC - Recourse to procedural restrictions U.O.13.R.9 CPC..........
Criminal Procedure Code, 1973, Section 155(2), 155(1) -- Non cognizable offence - Investigation by police - Police officer to refer information to Magistrate regarding commission of non cognizable offence - Thereafter jurisdictional Magistrate is required to pass an order permitting police officer to investigate case - Unless police officer is permitted by an order of..........
Criminal Procedure Code, 1973, Section 155(2), 155(1) -- Karnataka Criminal Rules Practice, 1968, Rr.1, 2 Chapter V - Non cognizable offence - Investigation by police - Guidelines issued for benefit of judicial Magistrates working in State of Karnataka Viz: (i) jurisdictional Magistrates shall stop hereafter making endorsement as `permitted' on police requisition itself -..........
Service -- Retiral benefits - Respondent remained in service of two State Governments and she is alleged to have drawn salary from both the State Governments i.e State of U.P and State of Chhattisgarh for 4 months - Even though respondent's leave application was pending consideration in State of U.P, she on her own went and joined in State of Chhattisgarh and this is..........
Summoning of officers to Court -- Merely because an order is passed by Officer, it does not warrant personal presence of officer in Court and summoning of officers to Court and eventually affect public at large...........
Lambardar -- Appointment - Order passed by Collector - Appellate authority as well as Revisional authority can only interfere in order passed by Collector in case there is any perversity , illegality or patent violation of any statutory rules including violation of principle of natural justice...........
Lambardar -- Appointment - Discrimination on basis of gender - Commissioner while setting aside appointment of petitioner adversely commented upon motherhood of a woman - Having children has been treated as a taboo and has been taken a ground for holding petitioner ineligible for post of lambardar - Order of Commissioner set aside - Order of Collector upheld...........
Arbitration and Conciliation Act, 1996, Section 16 -- Competency of Arbitral Tribunal - Petitioner not challenge order for nearly 21/2 years and in meanwhile without any protest whatsoever continued to voluntarily participate in proceedings before Tribunal - Only when final arguments in part had been heard by Tribunal petitioner choose to file instant petition to challenge..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount as interim compensation - Bank cannot oppose the petition and if he opposed it, again very obviously petition would have to be allowed in terms of applicability of S.143-A of the Act - Order directing to pay 20% of cheque amount as interim compensation set..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, 13A -- Eviction petition - Bonafide requirement - Landlord specifically stated that there is no other vacant shop for setting up business for his son - Therefore, it cannot be said that landlord did not mention or state in his pleadings about having any other property - Tenant was not be able to show either by way..........
