Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Filing of false affidavit - High Court directing prosecution of deponent u/s 195 IPC, initiating proceedings for contempt of Court and S.21 of Company Secretaries Act - Wrong averments in affidavits was unintentional - Deponent filed an affidavit tendering unconditional apology for unwitting conduct of filing..........
Criminal Procedure Code, 1973, Section 195, 340 -- Perjury - Proceedings u/s 340 Cr.P.C. against expert witness - Appellant's opinion regarding murder case that cartridges appeared to have been fired from different firearms was based on Court's insistence to give opinion without examining the firearms - It was not even his voluntary, let alone deliberate deposition before..........
Criminal Procedure Code, 1973, Section 91 -- Call details - Summoning of call details at the fag end of trial - It is to be assumed that by not summoning of call details at the time witnesses were deposing, accused is not desirous of discrediting the testimony of witnesses on the strength of call details - It is totally unjust to direct summoning of call details at the fag..........
Criminal Procedure Code, 1973, Section 68, 69 -- Non-payment of fine - It is illegal, incorrect and unjust to refuse to permit the convict to deposit the fine amount after the date stipulated by High Court/Sessions Court on the mere reason that no direction for extension has been granted by High Court/Sessions Court...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Death of defendant - Legal representatives - O.22 CPC stipulates the manner in which LRs of party ought to be brought - Prescribed procedure cannot be circumvented by filing application U.O.1.R.10 & u/s 151 CPC - Since no steps were taken to bring on record LRs of deceased defendant either in first appeal or in second..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Ascertainment of market value of bonds - Bonds in question were tradable commodity on stock market and its value can be easily ascertained either on the date when bonds entrusted by respondents were handed over to appellant bank or at the time when the appellant bank sold it to third parties - It is evidently unjust..........
Service -- Retrospective promotion with ante-dated seniority - In normal circumstances, when retrospective promotions are effected, all benefits flowing therefrom, including monetary benefits, must be extended to an employee who has been denied promotion earlier - Principle of `no work no pay' would not be attracted where respondents were in fault in not considering the..........
Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - A remedy against unjust impoverishment or unjust enrichment...........
Civil Procedure Code, 1908, Section 144 -- Doctrine of restitution - When a decree is reversed, law imposes an obligation on the party, who received unjust benefit of an erroneous decree, to restitute the other party for what other party had lost during the period erroneous decree was in operation...........
Indian Penal Code, 1860, Section 307 -- Offence u/s 307 IPC - Quashing of complaint - Compliant filed after delay of 16 years - Though complainant stood convicted in cross case but he did not even bother to seek simultaneous trial of cross case - Having regard to nature of allegations and entirety of circumstances, it would be unfair and unjust to permit complainant to..........
