Indian Penal Code, 1860, Section 323, 342, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(da), 3(1)(dha), 3(2)(ka) -- Offence u/ss 323, 342, 504, 506 IPC and Ss. 3(1)(da), 3(1)(dha), 3(2)(ka) of SC/ST Act - Summoning of accused - Offence took place at a public road in day time in the presence of several persons and..........
Service -- Departmental proceedings - Wrongful order passed by quasi judicial authority - Departmental proceedings should not be initiated against quasi judicial authority merely because a wrong order was passed, in absence of allegations of extraneous factors or any form of gratification...........
Service -- Wrongful order passed by quasi judicial authority - Delay in initiating departmental proceedings - Where there is unexplained inordinate delay in initiating departmental proceedings despite alleged misconduct being within knowledge of department, but still no departmental proceedings are initiated, chargesheet issued can be quashed...........
Quasi judicial Order -- Reasoned decision - Recording of reasons is prerequisite in deciding any proceedings by quasi judicial body...........
Land Acquisition Act, 1894, Section 48 -- Release of land - Writ petition - Res judicata - First writ petition was not for release of land - Second writ petition was withdrawn because appellant's representation was pending, and present writ petition has been preferred, after his representation was rejected, impugning rejection order - Thus, appellant's request for release..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A, 4 -- Late production of documents - Documents sought to be produced contrary to pleadings - Documents sought to be filed not filed alongwith written statement and failure to satisfactorily account for not pleading them or filing them as required under law - Allowing said documents on record would certainly cause..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of father - Eviction of son - Merely because property belongs to senior citizen, it is not necessary or mandatory to pass an order of eviction in every case, particularly when claim of son regarding 1/6th share and cancellation of gifts and sale deeds is pending adjudication before..........
Civil Procedure Code, 1908, Order 18, Rule 3, Evidence Act, 1872, Section 45 -- Rebuttal evidence - Recording of statement of fingerprint and handwriting expert - Order was passed in an application for taking specimen handwriting of defendant no.2, that same would be taken up at the time of evidence of plaintiff - However, evidence of plaintiff had been closed and in..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3), 75 -- Cancellation of bail and issuance of non bailable warrants due to inadvertent appearance of accused on one date - This amounts to an unjustifiable restriction on the procedural rights of the petitioner in the absence of any misconduct, lack of `bonafides', or a deliberate attempt to evade proceedings on his..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Third party objections - Impugned order of rejection of application by Trial Court would disclose that no trial was conducted, no evidence was let in and no opportunity was given to petitioners to adduce evidence - Appendix of evidence was recorded as nil - Impugned order set aside - Matter remanded to trial..........
