Tender -- Technical bid - Eligibility of bidder - Three experts committees scrutinized respondent no.1's tender and found him ineligible - No malafides or perversity found in technical expert reports - It is thus not possible for Writ Court sitting in judicial review to interfere in tender process as is done by Division Bench - Single Judge was correct in his reliance on..........
Criminal trial -- Superior Court cannot direct subordinate Court to pass a particular order on an application filed by a party - Even while remanding the case to subordinate Court, Superior Court cannot issue a direction to subordinate Court to either `allow' the case or `reject it - Judicial independence of every Court in passing orders in cases is well settled - It..........
Evidence Act, 1872, Section 3, 138 -- Credibility of witness - Veracity of witness can only be judged by taking into consideration evidence adduced by him on oath made during course of chief-examination as well as during course of cross-examination and accordingly - In other words, in order to access credibility of witness, Court cannot isolate one segment of evidence or..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that gift deed is forged and fabricated - Maintainability - Defendants were cultivating land covered by gift deed in question on behalf of plaintiffs - It is specific case of plaintiffs that no gift deed was executed and possession of suit property never given to defendants - Even order of mutation passed in..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a co-sharer in a partition suit..........
Criminal Procedure Code, 1973, Section 482, 389 -- Recalling of order - Order suspending sentence - Error apparent on face of record of said order - No impediment in recalling said order to correct an apparent error - Order rightly recalled...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court ignored vital averments made in plaint and also ignored important material on record and also failed to consider question of law involved in the matter - High Court also not assigned any reason, much less valid reason, to disturb the concurrent findings of fact arrived at by Courts below - Impugned order..........
Criminal Procedure Code, 1973, Section 190, 482 -- Order taking cognizance of offence - Quashing of order - Allegation of obtaining forged sale-deeds by accused in order to grab property of complainants - As per evidence on record, allegations levelled in complaint are purely of civil nature and constitute civil dispute which has been given colour of criminal case - Even,..........
Constitution of India, 1950, Article 20(2) -- Double jeopardy - In order to attract protection guaranteed under Art.20(2) of Constitution, it is to be seen as to whether ingredients of offences alleged under two separate Acts are same or different...........
Prison (Bombay Furlough and Parole) Rules, 1959 -- Parole - In the instant case, petitioner is involved in Bomb-blast case which killed 188 people and injured 828 people - Petitioner also involved in two more cases - Moreover, in jail, conduct of petitioner is not satisfactory as he is not doing work allotted to him in jail and he is not following rules and regulations -..........
