Land Acquisition Act, 1894, Section 11A -- Award - Limitation - Stay on acquisition proceedings and dispossession - Dismissal in default - Whenever a petition is dismissed in default and stay is vacated, restoration of petition does not result in restoration of stay order - Nothing is on record to infer that while restoring the writ petition, Court intended to continue..........
Hindu Marriage Act, 1955, Section 24, 13 -- Maintenance pendente lite - Dismissal of divorce petition - Husband is not absolved of the liability to pay maintenance pendente lite for the period when divorce petition was alive - Dismissal of main petition results in denial of benefit u/s 24 of the Act for the subsequent period...........
Service -- Misconduct - Police service - First misconduct in 15 years of service - Charge of gross negligence/slackness/indiscipline which amounted to tarnishing the image of police departmental - Dismissal from service - Appellant remained out of service for long period after his suspension order - Ends of justice would be met by setting aside the order of dismissal and..........
Constitution of India, 1950, Article 136 -- Special Leave Petition - Maintainability - Previous Special Leave Petition was withdrawn with liberty to file review application - Review application dismissed - Fresh Special Leave Petition challenging main order is maintainable after dismissal of review application, particularly when leave to file appeal was granted modifying..........
Civil Procedure Code, 1908, Order 43, Rule 1(c), Civil Procedure Code, 1908, Order 9, Rule 9 -- Appeal - Order setting aside dismissal of suit for default - Order is not appealable...........
Criminal Procedure Code, 1973, Section 311, 315, 391 -- Calling of witnesses in appeal - Additional evidence can only be allowed to be taken if the Court feels that recording thereof is essential for just decision of the case - Dismissal of application by holding that evidence of such witnesses was not at all essential for just and correct decision of the case but rather..........
Criminal Procedure Code, 1973, Section 374, 384 -- Appeal against conviction - Dismissal for want of prosecution - Court was under duty to issue arrest warrant or bailable warrant as the case may be if appellants themselves not present - In the absence of counsel of appellants, accused cannot be left unheard and condemned without any hearing - Dismissal of appeal for no,..........
Service -- Dismissal from service - Validity - Employee convicted for an offence involving moral turpitude - He died during pendency of appeal against conviction and his appeal abated - Subsequently appeal against co-accused was partly allowed and he convicted for an offence u/s 323 IPC - Role of employee was similar to that of co-accused - Conviction for offence u/s 323..........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 7, West Bengal Premises Tenancy Act, 1997, Section 7(3) -- Dismissal of application for local inspection - Second application - Res-judicata - Virtually on identical points first prayer of local inspection is rejected, hence, principle of res judicata will apply on second application - Moreover, Court has no hesitation..........
Criminal Procedure Code, 1973, Section 372, 385(2), Indian Penal Code, 1860, Section 302, 307, 201, 34 -- Appeal against acquittal - Dismissal of appeal by High Court cursorily and by a cryptic order - Impugned order set aside - Matter remanded - High Court to decide appeal afresh on merits...........
