Criminal Procedure Code, 1973, Section 173 -- New trial - Improper evidence or rejection of evidence - Not a ground for new trial or reversal of any decision in any case, if it shall appear to Court before which such objection is raised that independently of evidence objected to and admitted, there was sufficient evidence to justify decision or that if rejected evidence..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 147, 148, 149 -- Framing of charge - Charge u/ss 147, 148 r/w S.149 IPC framed against all 50 accused - Improper charges were framed, as Ss.147, 148 IPC are independent penal provisions and S.149 IPC creates only constructive liability...........
Arbitration and Conciliation Act, 1996, Section 11 -- Arbitrator - Appointment of - Specific clause in contract about reference of dispute to arbitrator appointed by petitioner - Petitioner agreed to appoint arbitrator subject to withdrawal of civil matter filed by respondent - However, respondent without withdrawing civil matter directly approached Civil Court for..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of L.R's - Only when right to sue survives - Any claim on account of acts of fraud, misrepresentation, improper conduct, malfeasance and misfeasance are personal to the defendant - Heirs of such defendant or any of them cannot be made liable for the tortious and/or criminal acts of their predecessors in interest..........
Representation of the Peoples Act, 1951, Section 125A, 127, 36, 100 -- Election petition - Nature of error - Seeking declaration of election of appellant as MLA as null and void - Ground of improper acceptance of nomination - Appellant making false declaration of his qualification in Form 26 - Contention of appellant that said declaration is clerical error found..........
Representation of the Peoples Act, 1951, Section 125A, 127, 36, 100 -- Election petition - Seeking declaration of election of appellant as MLA as null and void - Ground of improper acceptance of nomination - Only 2 candidates in fray - Materials on record proving that appellant made false declaration regarding his educational qualification - In case of returned candidate..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction to prosecute - Allegation of police excess while arresting complainant - Complainant by using dangerous weapon inflicted injury on forehead of journalist - When accused/police officer tried to arrest him he used same weapon for inflicting injuries on accused - Injuries were caused to complainant during..........
Arbitration Act, 1940, Section 30 -- Arbitral award - Setting aside - An award can be set aside only on the grounds specified in S.30(a), (b), (c) of the Act - Grounds such as inadequacy of reasons in support of an award, error committed by arbitrator on facts, alternate or/and more plausible view could be taken then what is taken by arbitrator, improper appreciation of..........
Succession Act, 1925, Section 281 -- Probate - Non-verification of probate petition by one witness to Will, makes the petition defective one - Grant of probate improper for want of no, compliance of S.281 of the Act...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(ii)(a) -- Eviction - Sub-letting - Tenants failed to prove that petitioner no.3 was an HUF concern but there was a business owned by immediate family member of a family to have different firms for purposes of tax and onus is on landlord not only to prove the parting of possession but also that it was for rent -..........
