Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........
Constitution of India, 1950, Article 217, 224 -- Supreme Court Collegium - Timely Appointments of Judges - That against sanctioned strength of 1080 Judges, 664 Judges have been appointed with vacancies of 416 Judges - In order to facilitate timely appointment it would be advisable to follow the following timelines (i) The Intelligence Bureau (IB) should submit its..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 43 -- Explanation - Public place - Private vehicle does not come within expression `public place' as explained in S.43 but comes u/s 42 of the Act...........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Offence u/ss 13(1)(d)(ii), 13(2) of the Act - Wrong order passed by quasi judicial authority - Criminal proceedings cannot be initiated against a public servant under the Act, merely for passing a wrong order, without any material to demonstrate that such order was deliberately passed by him for extraneous..........
Prevention of Corruption Act, 1988, Section 13(1)(d)(ii), 13(2) -- Offence u/ss 13(1)(d)(ii), 13(2) of the Act - If a public servant acting as a quasi judicial authority under a statue passes an order and if such order is in favour of a person other than Government, any pecuniary advantage obtained by such person by virtue of such order cannot be basis for prosecution of..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Offence u/s 13(1)(d) of the Act - Dishonest intention is gist of offence u/s 13(1)(d) of the Act - Mere misconduct and action of a public servant, without dishonest intention but contrary to departmental norms does not amount to criminal misconduct...........
Criminal Procedure Code, 1973, Section 374 -- Appeal against conviction - Victim is not a necessary party to appeal from conviction of offences against woman or child - Procedure to be adopted: (i) In cases where over and above assistance of Public Prosecutor representing State, appellate Court deems it necessary to provide further assistance to secure interest of victim..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s) -- Anticipatory bail - After filing of charge sheet - Offence u/ss 323, 504, 506 IPC and S.3(1)(r)(s) of SC/ST Act - Informant being a journalist removed the crowd with help of people..........
Constitution of India, 1950, Article 226 -- Public Interest Litigation - Cannot be thrown out only because petitioner belongs to a rival political party...........
