Civil Procedure Code, 1908, Section 24 -- Transfer of case - Scandalous allegations against the judicial officer cannot be levelled to constitute the basis for entertaining an application for transfer of proceedings under Section 24 of the Code - The allegations remained unsubstantiated - Taking a lenient view petition dismissed with costs of Rs.10,000/-...........
Land Acquisition Act, 1894, Section 51 -- Copy of award - A person entitled to have a copy of award free of cost irrespective of the fact whether he intends to file appeal under Section 54 of the Act or not - Person claiming under such award - Not required to pay any fee for a copy of the award - Note 6 - B refers to Order XX Rule 6 - B of Code of Civil Procedure inserted..........
Land Acquisition Act, 1894, Section 51, Civil Procedure Code, 1908 -- Order 20 ,R. 6-B - Civil - Award - Supply of copy - Rule 6-B of Order 20 CPC does not control Section 51 of the Land Acquisition Act - A person is entitled to have a copy of the award prepared under the provisions of the Act free of cost irrespective of the fact whether he intends to file an appeal u/s..........
Criminal Procedure Code, 1973, Section 173 -- Investigation conducted in breach of mandatory provision - Court is competent to take cognizance - Cognizance taken by trial Court cannot be set aside by High Court under Section 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 2(h) -- 'Investigation' - It includes all the proceedings under the Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf - It ends with the formation of the opinion as to whether on the material collected, there is a case to place..........
Civil Procedure Code, 1908, Section 9 -- Companies Act, 1956, Sections 9 and 10 - Press and Registration of Books Act, 1867, Section 8-C - Specific Relief Act, 1963, Section 6 - Jurisdictional bar of civil court - Possession and dispossession from press - Rival claims of parties as to whether one party has illegally been dispossessed by the other or not - Such a suit apart..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 154 -- Rape - Non examination of First informant - FIR proved and exhibited through I.O. - FIR can only be read that in fact it was recorded at the date and time mentioned by the I.O. in his evidence - Contents of the F.I.R. cannot be used for any purpose to base the conviction save and except in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Criminal - Dishonour of cheque - Compensation - There arises no question of ordering compensation in terms of Section 357(3) of the Code to the Government or State in a case under Section 138 of the Negotiable Instruments Act...........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 47 -- Order 21 ,R. 97 and 101 - Civil - Alternative remedy - Writ jurisdiction - In execution of decree for possession trial court ordering removal of obstruction - Judgment debtor disputed right, title and interest of decree holder in suit property - The application held to be under Order 21..........
Civil Procedure Code, 1908, Section 100 -- Findings of facts recorded by both Courts below - Cannot be disturbed by High Court under Section 100 unless shown that those findings absolutely perverse and based on no evidence - Existence of substantial question of law - Sine qua non for exercise of power under Section 100 - Where findings of fact of lower Appellate Court..........
