Recovery suit for money -- Money suit for recovery of debt should not be dismissed for non-production of Succession Certificate, but Court should grant reasonable time to enable the party to produce it - Therefore, a decree passed without production of Succession Certificate is not a nullity...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - It is for defendants to explain as to why written statement is not filed within time - Court is not entitled to accept the written statement beyond 90 days without giving any sufficient explanation and without recording its findings as to why such a written statement is required to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Extension of time - Simply because application was filed and plaintiff did not object to it, cannot be a ground for extending period...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Demand and acceptance - Demand was for Rs.10,000 but PW1 arranged the amount of Rs.5,000/- which was placed on the table - Appellant did not handle the amount - No explanation given as to why Rs.5,000 was accepted when demand was for Rs.10,000/- - Version given by appellant at the..........
National Green Tribunal Act, 2010, Section 26 -- Offence u/s 26 of the Act - Non-compliance of order of NGT - NGT directed Chhattisgarh Environment Conservation Board (CECB) in making its website more user friendly and in providing necessary data to all concerned - However, delay on the part of CECB does not amount to wilful negligence or an abject dereliction of duty on..........
Railways Act, 1989, Section 124A, Railway Claims Tribunal Act, 1987, Section 16 -- Accident - Bona fide passenger - Compensation - Conclusion in post mortem report as to time of death are approximations - A margin of error of about half a day in cases where compensation is at issue is not disproportionate, where evidence is otherwise corroborated by material on record...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, entire evidence as collected by investigating agency may be considered to have a prima facie view if there is sufficient material disclosed in the charge sheet - No minute analysis of evidence collected has to be undertaken to consider whether accused would finally be..........
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..........
Service -- Reduction of pay scale and recovery of excess amount - Any decision taken by State Government to reduce an employee's pay scale and recover the excess amount cannot be applied retrospectively and that too after a long time gap...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21B, 29 -- Bail - Contraband - Petitioner is behind the bars since 1 year 2 months and 12 days - trial of case is likely to take long time to conclude as out of total 17 PWs, none has been examined so far - Further incarceration of petitioner without there being the..........
