Civil Procedure Code, 1908, Order 26, Rule 4A -- Appointment of Commissioner to record evidence of plaintiff - Court has power U.O.26.R.4-A CPC to appoint Commissioner for recording evidence of plaintiff - Order allowing application calls for no interference...........
Wrong provision of law -- Non mentioning or wrong mentioning of provision of law does not take away the power of Court to allow application...........
Punjab Land Revenue Act, 1887, Section 16 -- Sanad - Can only be challenged by way of a revision petition u/s 16 of the Act before Financial Commissioner or by way of a writ petition before High Court...........
West Bengal Premises Tenancy act, 1956, Section 17(2), Civil Procedure Code, 1908, Order 41, Rule 23A -- Eviction petition - Remand of case - First appellate Court did not even discuss evidence on record - Even, first appellate Court did not care to turn to pages of depositions and documentary evidence on record while disposing of appeal mechanically - Moreover, evidence..........
Armed service -- Dismissal - Double jeopardy - Earlier appellant was treated by Summary Court Martial, he was tried for offences u/s 63 of Army Act only and thereafter he was inflicted with penalty of reduction in rank - However, said order was not confirmed by Chief of Army staff in exercise of power u/s 164 of Army Act - Said order therefore not attained finality - In..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 10 kg opium - Where Magistrate himself has appeared in witness box and deposed that it was produced in Court, mere fact that one seal was illegible does not vitiate proceeding...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for damages - Claim of Rs.20 Lakhs as damages - Plaintiff liable to pay ad valorem Court fee...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - When there are several reports from prosecution side by way of supplementary report u/s 173(8) Cr.P.C, all these reports need to be taken into consideration by trial Court which include framing of charge...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Earlier report filed from prosecution side, which holds accused prima facie guilty, cannot be ignored unless further investigation is directed to be made by higher Court such as High Court and Supreme Court to that effect...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - When allegations against accused in final report filed by police contain ingredients of offences alleged against him and when prosecution has produced materials to prove such allegations, final report cannot be quashed by invoking power of High Court u/s 482 Cr.P.C...........
