Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Executing Court instead of examining whether there was willful disobedience of decree and whether remedial measures U.O.21.R.32(5) CPC were warranted dismissed execution petition on the ground that no specific date of dispossession was disclosed and that photographic evidence was..........
Service -- Termination - Appellants were terminated because institution in which they had studied was declared to be unrecognized - They cannot be said to be at fault as they had studied in the University, which has been set up under the 2002 Act enacted by the State Legislature - Appellants should not be deprived of the benefits of the degree obtained by them while..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount - Petitioner has placed on record material indicating circumstances beyond his control which ex facie render him unable to deposit 20% of compensation amount, particularly in view of his advanced age and medical condition, duly..........
Essential Commodities Act, 1955, Section 3, 7 -- Offence u/ss 3, 7 of the Act - In the absence of any subsisting statutory order u/s 3 of the Act, on the date of alleged occurrence, conviction u/s 7 of the Act thereof is legally impermissible...........
Essential Commodities Act, 1955, Section 3, 7 -- Offence u/ss 3, 7 of the Act - Prosecution has failed to place on record any subsisting control order, notification or statutory restriction in force on the relevant date, violation of which could constitute an offence u/s 3 of the Act - Conviction and sentence, set aside...........
Armed service -- Compensation for disablement - Brain stroke caused to appellant on account of continuous smoking - Tribunal has taken note of Regulation 173 of Pension Regulations for the Army, 1961 and paragraph 6 of the Guide to Medical Officers, 2002 which would indicate that "compensation cannot be awarded for any disablement or death arising from intemperance in the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest must be communicated to accused in writing - Law as to: (i) Constitutional mandate of informing arrestee grounds of arrest is mandatory in all offences under all statutes including offences under IPC/BNS; (ii) grounds of arrest must be communicated in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 485 -- Surety bond - Petitioner was set at liberty by co-ordinate Bench imposing condition to furnish surety within 15 days from his release - Merely because it is offered on 15th day, does not mean that he would not be entitled to benefit of order of Co-ordinate Bench - Petitioner released from prison with all conditions..........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Order striking off defence - Order recalled subject to payment of cots - Costs accepted - Once plaintiff accepted the costs, he is estopped from challenging said order allowing application u/s 151 CPC - Order allowing application u/s 151 CPC upheld...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Restoration of suit dismissed in default - Non revealing of source of information regarding dismissal of suit - A litigant who does not state exact date of knowledge and source of knowledge regarding passing of an order, and in cases where there is no other material found from record to arrive at a conclusion regarding..........
