Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Restoration - Application for restoration filed almost 16 months after suit was dismissed in default on the ground that counsel told them that he would inform them whenever their presence would be required, but counsel did not inform them and plaintiffs shifted from place `A' to Place `B' - Held, mere..........
Civil Procedure Code, 1908, Order 41, Rule 25 -- Remand - Power of appellate court to remand - If there is sufficient evidence to decide the case on merits, then it becomes statutory duty of appellate court to decide the case on merits - Appellate court cannot straight away resort to O.41.R.25 of the Code to pass an order of remand - Order of remand be made where trial..........
Criminal Procedure Code, 1973, Section 197 -- Police - Discharging official duty - Sanction for prosecution - Held, even if allegations in complaint petition may suggest that while discharging official duty, petitioner police officer had committed certain excesses, he would still be eligible for protection under the provisions of S.197(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 318 -- Petitioner deaf and dumb - Conviction u/s 324 IPC - Court did not embark upon exercise to ascertain whether petitioner understands proceedings - Conviction shows that trial court and first appellate court were aware of the fact that petitioner was deaf and dumb - Even examination of petitioner u/s 313 Cr.P.C. not proper -..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Demand of Rs.2, 000/- by a doctor for treatment of patient - Held, cannot be said to be part of duty - Petition for quashing proceedings rejected...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of Receiver is an exceedingly delicate and responsible duty of Court which it has to discharge with utmost care and caution and only when it is satisfied that the requirements embodied in the expression 'just and convenient' occurring in O.40.R.1 CPC is fulfilled by the facts of the case, Court may appoint..........
Indian Penal Code, 1860, Section 84 -- Plea of insanity - Prosecution is duty bound to subject accused to medical examination immediately when plea of insanity is taken by the accused...........
Education -- Brochure - Admission - P.G. Diploma in Nutrition and Dietetics - Eligibility - Cancellation of admission - Ineligible candidate - Required qualification for admission that candidate should possess Bachelor degree of the respondent University or equivalent thereto with 50% marks in aggregate - Petitioner had no degree at the time of her admission to the course..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimant aged 54 years, earning Rs.5, 000/- p.m., suffered 35% mental disability besides other injuries - Claimant incapable of performing any duty - Compensation of Rs.1.50 lakhs granted - Contention that claimant was entitled to compensation at the rate of Rs.2000/- per 1% disability - Contention not..........
Criminal Procedure Code, 1973, Section 145 -- Breach of peace - Possession of property - Determination of - Duty of Magistrate - Held, it is in the domain of Sub-Divisional Magistrate to record a finding as to which party is in possession within two months from the date of issuance of preliminary order...........
