Criminal Procedure Code, 1973, Section 340, Penal Code, 1860, Section 191,192,193, Industrial Disputes Act, 1947, Section 17B -- False affidavit - Tendered in Court - Plea of respondent that false averment, if any, was made not directly in a claim made by him under Section 17B of the ID Act but was made in response to respondent's plea in Civil Miscellaneous application..........
Criminal Procedure Code, 1973, Section 145, 146 -- Effect of the order of Magistrate passed u/s 145/146 Cr.P.C. - (i) `Competent Court' - Do not necessarily mean a civil court only - A competent court is one which has the jurisdictional competence to determine the question of title or the rights of the parties with regard to the entitlement as to possession over the..........
Civil Procedure Code, 1908 -- Order 6 ,R. 17 - Specific Relief Act, 1963, Sections 21 and 22 - Amendment of plaint - Suit for specific performance - Amendment sought so as to plead that in the alternative the plaintiff entitled to the refund of the earnest money - Prayer made on behalf of the plaintiff held to be in consonance with the provisions of Section 21 of the Act..........
Civil Procedure Code, 1908, Section 152 -- Scope of - Contemplates correction of mistakes by Court of its ministerial actions - Does not contemplate passing of effective judicial orders after judgment, decree or order - Very Court or Tribunal cannot on mere change of view - Not entitled to vary terms of judgment, decree and order earlier passed except by means of review,..........
Civil Procedure Code, 1908, Section 60, Payment of Gratuity Act, 1972, Section 13 -- Payment - Pension Act, Section 11 - Employees Provident Fund & Miscellaneous Provisions Act, 1952, Section 10(2) - Attachment order - Whether the amount due as provident fund, leave salary, gratuity etc., to the deceased employee can be attached in the hands of the employer pending the..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability of when in previous suit only a part of property involved and in subsequent suit whole property involved - Principle of res judicata under Section 11 attracted where issues directly and substantially involved between the same parties in the previous and subsequent suit are the same may be in the..........
Civil Procedure Code, 1908, Section 115 -- Order XV Rule 5 ( as applicable to the State of Punjab, Haryana and Chandigarh) - Striking off defence - Revisional jurisdiction - The trial court exercised jurisdiction lawfully by refusing to strike off defence and accepting the deposit of arrears of rent - High Court held not justified in interfering with the same in exercised..........
Criminal Procedure Code, 1973, Section 313 -- Examination under Section 313 of the Code is not an empty formality - Purpose is to bring to the notice of the accused the materials brought on record by the prosecution to substantiate its accusations - An opportunity is granted to the accused to explain incriminating circumstances against him and have his say in the..........
Civil Procedure Code, 1908, Order 22, Rule 9, 3, 4 -- Setting aside of abatement of suit - Prayer for setting aside abatement as regard one of the plaintiffs - Can be construed as a prayer for setting aside abatement of suit in its entirety - Opinion of trial Judge allowing prayer for setting aside abatement and his finding on `sufficient cause' for condonation of delay..........
Punjab Municipal Act, 1911, Section 84,86, Civil Procedure Code, 1908, Section 9 -- Civil - Bar of jurisdiction of civil court - Suit for permanent injunction filed against the action of appellant in assessment of the property to property tax and demand of arrears of tax - Preliminary objection by the appellant against the maintainability of suit based on Section 84 and..........
