Civil Procedure Code, 1908, Order 8, Rule 1, Limitation Act, 1963, Section 5 -- Written statement - Not filed within time - Condonation of delay - Right to file written statement was closed due to non-filing of written statement within time period - Application for opening of right to file written statement was filed after more than 4 years along with application for..........
Constitution of India, 1950, Article 226 -- Transfer of investigation to CBI - High Court is empowered to entrust investigation to CBI while exercising its powers u/art 226 of Constitution - However, High Court has to come to a reasoning as to why it finds that investigation by State Police is not fair or is partisan - Merely on the basis of some letters such an exercise..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Allegations of bias and undue influence raised on the police machinery of State - Accused is a senior judicial officer - Any doubt or apprehension in the minds of appellants who have lost their family member may be dispelled by investigation being carried out by CBI - CBI directed to carry our..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Guidelines issued by any State Legal Services Authority of High Court are not binding either on High Court or on MACT to determine just and fair compensation - Such guidelines would apply as guiding factor in cases where proof of income is not available and ordinarily to decide the cases in Lok Adalat...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Mere observation that recall was necessary for ensuring fair trial is not enough unless there are tangible reasons to show how fair trial suffered without recall...........
Service -- Removal from service - Charges levelled against respondent pertaining to non-handing over of full charge at the relevant point of time, appointing persons without permission from the Collector/Registrar and also returning the money after one and a half years by respondent - Fair opportunity was given to respondent to present his version - Order of removal passed..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Relationship between petitioner as erstwhile tenant and landlord not in dispute - Fixation of fair rent confirmed upto Apex Court - Hence, for recovery of fair rent, suit is filed which needs no further deliberation - Leave to defend rightly rejected...........
Motor Vehicles Act, 1988, Section 166, 168 -- Accident - Compensation - Appellants had claimed a total sum of Rs.38,34,000 and just and fair compensation that has been determined by Court is Rs.28,00,375 - Therefore, irrespective of appellants confining the claim in appeal to Rs.4 lakhs in addition to amount awarded by Tribunal i.e. 19, 55,250/-, appellants are entitled to..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of substantive sentence during pendency of appeal - Distinction between sentence for fixed term and sentence of life imprisonment - If a sentence is for fixed term, ordinarily, appellate Court may exercise its discretion to suspend the operation of same liberally unless there are any exceptional circumstances..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 15 -- Acquisition of land - Hearing of objections - Competent authority - Land acquisition notification was issued by State Government - Therefore, neither District Collector could act as appropriate Government in regard to acquisition in question nor was he..........
