Criminal Procedure Code, 1973, Section 273 -- Recording of evidence of PWs in absence of accused - Prosecution examined its witnesses in absence of accused - Circumstances as provided in Ss.299, 317 Cr.P.C not available to accused - Court committed error in proceeding with PWs overlooking mandatory provision contained in S.273 Cr.P.C - Matter remanded back to trial Court..........
Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Suit land is situated in three different villages - Though munadi is effected - However, nothing brought on record as to whether munadi was conducted in different villages or defendants as shown in plaint are really residents of those villagers in which they have been..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Court has discretion to permit plaintiff to pay deficit Court fee - However, discretion has to be exercised judicially "and on sufficient cause" shown by plaintiff, as to why he did not pay the entire Court fee at the first instance - This becomes mandatory, since Court fee is paid after period of limitation..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of charas - Secrete information - Non-compliance of mandatory provision of S.42 of the Act - Neither secret informant was reduced into writing nor same was sent to higher authorities or concerned Police officer by I.O - Strict compliance of mandatory prevision of S.42 of the Act not made - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of charas - Third option - Non-compliance of mandatory provision of S.50 of the Act - I.O included himself as choices in addition to a Gazetted Officer or Magistrate by asking accused if he wanted to get searched from him or from any Gazetted Officer or Magistrate - Giving of third option to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of charas - Non-compliance of mandatory provision of S.50 of the Act - Notice u/s 50 of the Act was not given to accused - Mandatory provision of S.50 the Act held, not complied with...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Two elements to grant relief of mandatory injunction are : (i) necessity to prevent breach of an obligation by the intervention of the court and (ii) that such acts should be of that nature capable of enforcement by the court - Another crucial ingredient is that it should be `amenable for exercise of judicial..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - In the matter of a decree of eviction or a decree of recovery of possession, there is no scope for exercising judicial discretion - It is thus, not permissible to substitute relief of mandatory injunction in place of eviction or recovery of possession...........
Competitive examination -- Posts of Civil Judge - Main written examination - Prohibition of using a pencil in paper for any purpose - Respondent underlined answer sheet with pencil at several places in Law Paper-I - Paper declared invalid in view of violation of instructions issued by Commission which are mandatory, having force of law and they have to be strictly complied..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration, permanent and mandatory injunction - Ownership of erstwhile owner of property stood extinguished automatically by coming into force of H.P. Tenancy and Land Reforms Act and it was defendant being tenant who was owner thereof - He is thus, not owner of property on the date..........
