Practice and Procedure -- Where a party has been disadvantaged by reason of an act of Court, it is incumbent upon Court to undo such prejudice and restore party to position he would have occupied but for such act...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Power to frame additional issues is a discretionary power of trial Court - Court after examining the pleadings and other material on record as required U.O.14.R.3 CPC, may frame the issues...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - If by refusal to frame issues a serious prejudice is being caused to plaintiff or defendants then it is always expedient for trial Court to exercise its jurisdiction in framing such issues to facilitate the parties to adduce evidence in the light of pleadings on basis of which issues were framed...........
Hindu Minority and Guardianship Act, 1956, Section 8(2) -- Sale of minor's property - Prior permission of Court is a sine qua non for a guardian of a minor to transfer property of minor in any of manners provided u/s 8(2) of the Act...........
Hindu Minority and Guardianship Act, 1956, Section 8(3) -- Sale of minor's property without permission of Court - If natural guardian of a minor disposes of immovable property of a minor in contravention of Ss.8(1), 8(2) of the Act, particularly without permission of Court, such a transaction would be voidable at the instance of minor...........
Criminal Procedure Code, 1973, Section 320, Indian Penal Code, 1860, Section 324, 341, 504, 34 -- Compounding of offences - Offence u/Ss. 324, 341, 504, 34 IPC - National Lok Adalat discharged accused of offence u/Ss. 324, 341, 504, 34 IPC - However, S.324 IPC is a non-compoundable offence and Lok Adalat has no jurisdiction in matters relating to non-compoundable offence -..........
Indian Penal Code, 1860, Section 323, 324, 148, 149 -- Offence u/ss 323, 324, 148, 149 IPC - Accused persons were members of unlawful assemblies, armed with deadly 19 weapons such as iron rods, knives, sticks, and lathis, and had voluntarily caused hurt to victims - Material on record including seizure memos, medical reports and eyewitness testimonies, support conclusion..........
Indian Penal Code, 1860, Section 307, 324, 149 -- Attempt to murder - Trial Court, after meticulous evaluation of medical evidence including testimony of doctors and nature of injuries, has specifically concluded that though weapons were dangerous and injuries were serious, there was no direct attempt or intent to commit murder - Conviction u/ss 324, 149 IPC upheld...........
Tender -- Court - cannot sit over judgment on what should be the eligibility criteria in the tender notice unless the same is arbitrary, discriminatory or actuated by mala fides...........
Rajasthan Panchayati Raj Act, 1994, Section 97 -- Revision - Decree of permanent injunction passed by civil Court cannot be interfered with by way of initiating proceedings u/s 97 of the Act...........
