Armed service -- Summary Court martial proceedings - House breaking by night - Dismissal from service - Sentence of imprisonment - Accused serving in army sneaked into the house of informant through a window of toilet - Evidence given by informant corroborated by her son who was present in the house at the time of incident - Informant recognized accused standing outside..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 11, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 21A -- Application u/s 11 of the Act - Plea of limitation - Once consent has been given by petitioners before Court that they would not mind if matter is decided again to decide issue as to whether judgment and decree was obtained by fraud or collusion..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Two sets of restraint orders simultaneously i.e. attachment before judgment and temporary injunction - Erroneous and irregular - Order of attachment before judgment allowed and order passed U.O.39.Rr.1,2 set aside...........
Limitation Act, 1963, Section 5, Article 136, Civil Procedure Code, 1908, Order 21 -- Limitation - Condonation of delay - Execution - Filing of appeal or second appeal would not condone delay to restrict period of limitation for purpose of filing an Execution petition until or unless, execution of judgment and decree under challenge stood expressly stayed by Appellate..........
Civil Procedure Code, 1908, Section 153, Order 6, Rule 18 -- Correction of decree - Decree prepared in the name of dead plaintiff no.1 - Said mistake was noticed by appellate Court while going through record of Court - Defendant did not raise said issue as one of grounds while assailing judgment and decree passed by original Court - He therefore, cannot be permitted to..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand of case by First Appellate Court - Trial Court not disposed of suit on preliminary issue without recording evidence and giving its decision on rest of issues - First Appellate Court instead of remanding case to trial Court decided matter on basis of evidence on record - Judgment and decree of first Appellate court set..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 506, 201, 120B, Criminal Procedure Code, 1973, Section 197, 482 -- Cheating - Quashing of proceedings - Applicant Principal of Primary Education Institution - Allegation that applicant helped father of accused of a rape case by changing date of birth in transfer certificate of minor victim - As regarding sanction..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because Appellate Court on re-appreciation and re-evaluation of evidence is inclined to take a different view, interference with judgment of acquittal is not justified - If view taken by trial Court is a possible view even if two views are equally balanced, it need not result in interference by..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte judgment/award - Setting aside - Proceedings before Labour Court - Petitioner was represented by his lawyer who has filed Vakaltnama and prayed for time to file written statement - Thereafter no one appeared on behalf of petitioner on several dates, due to which case was ultimately disposed of - Since..........
Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
