Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - There is no need to file a separate application for condonation of delay - Hyper technical view that there is violation of mandatory provision of law cannot be taken - Taking such a view would effectively mean ignoring the purpose of..........
Practice and Procedure -- Procedure - cannot stand in the way of achieving just and fair outcome...........
Constitution of India, 1950, Article 32 -- Transfer of investigation to CBI - Petitioner belongs to ruling party at Center and respondent No.7 belongs to ruling party in State - Possibility that petitioner may not get a fair investigation at the hands of local police or that local police may not have behave cordially with him in the course of investigation may not be..........
Criminal Procedure Code, 1973, Section 313 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.351) - Examination of accused u/s 313 Cr.P.C - Court is entitled to secure the assistance of public prosecutor and advocate representing the accused to prepare the questions to be put in the examination u/s 313 Cr.P.C - A Public Prosecutor has to play an active role in ensuring that..........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175 -- Transfer of investigation to CBI - Entrustment of investigation of matters routinely to CBI not only leads to an unmanageable burden on the premier investigative agency, but also has a very serious and far-reaching, demoralizing impact on the officers of State police - It may not be prudent to proceed on the premise..........
Auction sale -- Bid - Bidder has no right in the matter of bid except of fair treatment and cannot insist for further negotiation...........
Auction sale -- Cancellation of auction - Auction cancelled due to erroneous minimum rate provided in the Notice Inviting Tender (NIT) - Appellants were well within their rights to cancel the auction, as terms and conditions of NIT, empowers appellant to accept or reject any or all bids - Moreover, pursuant to the cancellation of first NIT, a second NIT was issued wherein..........
Insolvency and Bankruptcy Code, 2016, Section 31(1), 60(5) -- Approval of Resolution plan - Challenge thereto - Average of two closest estimates given by valuers were taken into consideration as fair value and liquidation value respectively, which were found to be just and reasonable - All dues including statutory dues owned by Central Government, State Government and..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cancellation of bail is to be dealt with on a different footing in comparison to a proceeding for grant of bail - There shall be cogent and overwhelming reasons for the cancellation of bail granted to an accused - Conventionally, there can be supervening circumstances which may develop post the grant..........
