Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Services of employee terminated and he was asked to vacate quarter which was allotted to him by virtue of employment - Suit for injunction that he be not dispossessed forcibly - Plaintiff not seeking any remedy against termination order - Main ground for claiming relief is that defendants are violating..........
Criminal Procedure Code, 1973, Section 397 -- Revisional power of High Court - Exercise of - It is only in the glaring cases of injustice, resulting from some violation of fundamental principles of law by the trial court that the High Court to exercise revisional powers to order acquittal - The order of lower court ought not to be lightly set aside unless it has entailed..........
Criminal Procedure Code, 1973, Section 95, 96 -- Notification banning book - Pre-decisional hearing - Held, S.95 of the Code does not provide for a hearing - Legislature has taken care to protect aggrieved person from arbitrary orders of forfeiture by providing a post-decisional challenge u/s 96 of the Code - Intention of legislature in enacting S.95 is to empower State..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Declined by trial Court - Order based on objective consideration of material on record - Appellate Court not to interfere because different view is possible...........
Civil Procedure Code, 1908, Section 34 -- Interest - Failure to pay within prescribed period - Interest payable 15% from date of order till actual deposit of amount in Court - Interest reduced from 15% to 10% per annum...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Child - Denial of paternity - Proof and probative value of certificate issued by Registrar of Birth and Deaths - Birth certificate is admissible as a public document - No formal proof of it is necessary - Heavy burden rests on the opposite party to disprove the contents thereof - In the instant case there is no..........
Consumer Protection Act, 1986, Section 21 -- Civil Procedure Code, 1908, Order 23 Rule 1 - Complaint maintainability - Withdrawal of complaint unconditionally - Special Civil Application before High Court in which liberty granted to file civil suit - Though the provisions contained in CPC do not apply to Consumer Fora, still the provision contained in said Order 23 Rule 1..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - Discretionary power of Court - Held, Negotiable Instruments Act does not say anything about giving compensation to complainant - Though fine can be imposed on accused twice the amount of cheque - Court can invoke power u/s 357(3) Cr.P.C. and..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Revision filed dismissed by Sessions Court - Maintainability of petition u/s 482 of the Code in High Court - Held, to prevent miscarriage of justice and to secure ends of justice, High Court can entertain application filed u/s 482 Cr.P.C. in exercise of power of superintendence - However such power is to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Electricity Act, 2004, Section 54, Electricity (Supply) Act, 1948, Section 42, Telegraph Act, 1885, Section 10 -- Laying electric head lines - Temporary injunction to restrain defendants from laying the over head electric lines etc. - The licensee under the Electricity Act and the Telegraph Act does not acquire any land, it..........
