Prevention of Corruption Act, 1988, Section 19, Constitution of India, 1950, Article 226 -- Corruption case against former Chief Minister - Stay of trial - Challenge to - Held, once authority competent to accord sanction accords sanction to prosecute public servant then law should take its course - Initial protection granted to public servant u/s 19(1) evaporates and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363,366,376 -- Kidnapping and rape - Bail - Prosecutrix 17 years of age - Stayed with accused for more than a month - Visited different places and also traveled in public transport - During this period accused used to go for earning in a company and prosecutrix used to stay behind all alone - If..........
Essential Commodities Act, 1955, Section 3 -- Award of retail outlet dealership - Eligibility criteria - As per advertisement the applicant is required to be resident of advertised location - Stay of applicant at Gaya being only for the purposes of his service - Held, he cannot be legally assumed to be an ordinary resident of Gaya because except for his service he would..........
Punjab Co-operative Societies Act, 1961, Section 68, 69 -- Recovery of award amount - Revision - Grant of stay - Held, if revision is admitted challenging award and appellate order, then, ordinarily stay should be granted subject to deposit of part of award amount or on furnishing security to satisfaction of Revisional Authority - In present case, without calling any..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Commences from the date of presentation of the plaint - Mere fact that there was no stay for alienation of the property does not protect the rights of bona fide purchaser...........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d), 21(b) -- Revisional jurisdiction - Concurrent findings - Medical negligence - Unfair trade practice - Renal failure - Petitioner's hospital did not have any infrastructure for kidney transplant nor there was any surgeon to conduct such operation - Inspite thereof the patient with such a serious condition..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(1)(r), 14(1)(d), 21(b) -- Revisional jurisdiction - Concurrent findings - Medical negligence - Unfair trade practice - Renal failure - Petitioner's hospital did not have any infrastructure for kidney transplant nor there was any surgeon to conduct such operation - Inspite thereof the patient with such a serious condition..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Mesne profits - Appeal against eviction order - Stay of eviction order - While passing order of stay, Court can put the parties to terms - During the pendency of appeal, a tenant is liable to pay mesne profits, from the date of eviction order, for the use and occupation of the demised premises with..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Suit for declaration and setting aside sale and permanent injunction - Subsequent suit for possession, mesne profits and injunction - Parties and the land in question is one and the same but the matter in issue is altogether distinct in both the suits as such provision of S.10 CPC is not applicable -..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Abuse of process of law - Landlord's ejectment application allowed - Dispossession of tenant from demised property stayed - Counsel appearing on behalf of petitioner-tenant submitted that despite communications petitioner has not turned up to give necessary information - Petitioner failed to serve respondent dasti..........
