Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Intercourse with consent and not on ground that prosecutrix belongs to Scheduled Caste - Conviction of accused u/s 3(2)(v) set aside...........
Consumer Protection Act, 1986, Section 3, Workmen's Compensation Act, 1923, Section 31 -- Additional remedy - Award by Workmen's Compensation Commissioner - Plea that he is the appropriate authority to execute the Award against the Insurance Company under Section 31 of the 1923 Act and proceedings under the 1986 Act not maintainable repelled - Findings of the District..........
Civil Procedure Code, 1908, Order 18, Rule 3(4)(2), Civil Procedure Code, 1908, Order 18, Rule 4 -- Witness - Examination - Audio visual link - Witness living abroad - Appearance of witness on audio visual screen in Court is as good as his physical presence in Court - When recording of evidence of witness, through mechanical process is permissible under provision of Code,..........
Land Acquisition Act, 1894, Section 3(b), 20 -- 'Person interested' - Government not a person interested...........
Land Acquisition Act, 1894, Section 30, 18, 3(b) -- Maintainability of reference of State - Dispute as to pre-existing right of Government in land - Cannot be referred either under Section 18 or Section 30 - Award made by Collector - Cannot be called in question by State seeking reference under Section 30 - State not a 'person interested' as defined in Section 3(b) - Land..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v) -- Offence under the Act investigated by Sub Inspector Police - Deputy Superintendent of Police verified investigation and filed charge sheet - Since D.S.P. did not investigate the case, trial was vitiated - Conviction not sustainable...........
Civil Procedure Code, 1908, Order 3, Rule 4(2) -- Advocate - Fee - Bank paid 50% fee at the time of filing plaint - Vakalath terminated during pendency of suit - Court directed that Advocate is entitled to 25% of fee and directed to return the balance of excess received from Bank - Circular instructions issued by Bank are binding on Bank and Counsel as well - Order of..........
Haryana Good Conduct Prisoners (Temporary Release) Act, 1988, Section 3(1)(d) -- Parole - Petitioner-s claim for grant of four weeks parole for house repair declined - Report of the SP placed on record does not contain any material on the basis of which the stand of the petitioner was found to be incorrect - Impugned order set aside - Respondents directed to release the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 3 -- Dismissal in default-Restoration of-Mistake or negligence of counsel-Ought not to be permitted to cause damage to litigant-Both counsel noted wrong date-Wholly unreasonable to decline restoration...........
Civil Procedure Code, 1908, Order 1, Rule 1, 3, A.P. Court Fees and Suits Valuation Act, 1956, Section 11(3), 6(3) -- Suit for different causes of action - Single suit for different causes of action can be filed - However plaintiff is to pay Court Fees separately for relief claimed under different causes of action...........
