West Bengal Premises Tenancy act, 1956, Section 7(1), 7(2) -- Suit for eviction - Application for recalling of order by which suit was fixed for ex parte hearing - Suit fixed for ex parte hearing because written statement not filed within time - Repeated adjournments prayed by petitioner - Further, petitioner failed to suggest issues - However, as this is a suit for..........
Criminal Procedure Code, 1973, Section 482 -- Irregularity in investigation - If cognizance is taken on a Police Report vitiated by breach of a mandatory provision relating to investigation, there can be no doubt that result of trial cannot be set aside unless illegality in investigation has resulted in miscarriage of justice...........
Practice and Procedure -- When cause of justice is pitted against technicality, the cause of justice should prevail...........
Indian Penal Code, 1860, Section 302, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 18, 21 -- Juvenile - Murder case - Quantum of sentence - Accused was a juvenile in conflict with law on date of incident - Presently, accused has crossed 63 years of age and already undergone about 9 months of imprisonment as under trial and partly as convict -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 447, 201, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Quashing of FIR - Offence u/ss 406, 447, 201, 120-B IPC and S.13(2) of P.C Act - Illegal felling of trees - No specific allegations if any with regard to uprooting/felling of trees standing on land used by petitioner for..........
Constitution of India, 1950, Article 21, Legal Services Authorities Act, 1987, Section 12, 13, Protection of Children from Sexual Offences Act, 2012, Section 4, 5, 6, Indian Penal Code, 1860, Section 302, 363, 366, 376(2)(f), 377 -- Entitlement of Legal Services - Rape and Murder - Amicus Curiae appointed and on same date, counsel was called upon to defend accused at stage..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at revisional stage - Application for additional evidence has to be decided at the time of final hearing of revision i.e at the stage when it is possible for Court concerned to consider the fact as to whether additional evidence is required to be taken on record to decide the case or for substantial..........
Limitation Act, 1963, Section 5 -- Condonation of law - Consideration for condonation of delay would not depend on status of party i.e Government or public bodies so as to apply a different yardstick but ultimate consideration should be to render even handed justice to parties...........
Prevention of Corruption Act, 1988, Section 3 -- Special Court constituted u/s 3 of the Act, forms part of justice delivery system constituted under sovereign function of State, it falls outside scope of term "criminal Court in same sessions division" as contemplated u/s 407(2) Cr.P.C - Consequently, application for transfer of a matter pending before one sessions division..........
Medical Negligence - - Total blindness of new born baby - Enhancement of compensation - Negligence occurred in 2005 - Litigation is pending before Supreme Court for over 3 years, coupled with fact that additional monthly expenses, such as care of attendant/nurse, educational expenses of patient in a special school, assistive devices etc. have not been taken into account -..........
