Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Interim protection has already been granted to applicants in an order passed u/s 528 BNSS - There is thus, no apprehension of arrest of applicants - Anticipatory bail application, rejected - However, Rs.20,000 imposed on counsel for applicants, as he makes an attempt to deceive the Court...........
Election -- Election petition is to be decided on the basis of evidence available on record as may be led by parties - There is no scope of filing up of lacuna in proceedings relating to election petition - High Court committed error by remanding matter for taking fresh evidence, as such sweeping directions to call for witnesses and expert evidence cannot be passed when..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment does not introduce a new cause of action but seeks to further clarify and complete relief already claimed - Proposed amendment is necessary for effective adjudication of real controversy and is based on facts already pleaded - However, considering delay in seeking amendment and the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court is required only to go through averments made in plaint while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agricultural land - Maintainability of suit before civil Court - Primarily relief prayed for in suit is cancellation of sale deed and declaration is a secondary relief - Plaintiffs have come up with a plea that they are recorded khatedars of land in question - They definitely did not require any..........
Service -- Punishment - Post retirement - Disciplinary proceedings initiated during service against an employee can be continued after retirement if extant service Rules/Regulations permits so - Where pursuant to such proceedings ultimate penalty imposed is of dismissal there may be no technical difficulty in its implementation as it may result in forfeiture of pension and..........
Service -- Disciplinary proceedings - Inquiry report - Charge No.2 was partly proved as per inquiry report - There is no challenge to findings of inquiry officer - Neither there is any perversity in finding returned by Inquiry Officer nor it is appropriate to permit appellant to question the merit of findings of inquiry officer particularly when no such plea was pressed..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Rectifying an inadvertent error by recalling relevant portion of order does not amount to exercising power of review, rather constitutes a legitimate exercise of Court's inherent authority to correct accidental or clerical mistakes in order to prevent miscarriage of justice...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Recall does not involve a re-evaluation of merits of case nor does it amount to a judicial reconsideration of conclusions previously arrived at - Rather, it is invoked in circumstances where order of Court has been affected by an inadvertent procedural irregularity, accidental omission, clerical lapse or..........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Exercise of recall does not partake the character of appellate or review jurisdiction - Rather, it constitutes a limited corrective authority inherent in every Court of record enabling it to rectify accidental errors and procedural aberrations so that judicial record may accurately mirror the true..........
