Civil Procedure Code, 1908, Order 5, Rule 20 -- Service of summons to subsequent purchaser - Partition suit - Resort to notice by way of substituted service through paper publication in a mechanical manner without trial Court having found as regards factum of avoidance of notice by subsequent purchaser would vitiate order passed U.O.5.R.20 CPC...........
Indian Penal Code, 1860, Section 304(Part I), 324, 149, Explosive Substances Act, 1908, Section 3, 4, 5 -- Offence u/ss 304(Part I), 324, 149 IPC - Bomb blast - Injuries sustained by accused persons were duly explained by prosecution - Pellet injuries as sustained by A-3 were as a result of explosion of bomb which was handed by A-2 - As a result of incident, two deceased..........
Kerala Land Tax Act, 1961, Section 3(3), 5(2), Kerala Land Tax Rules, 1972, Rule 4 -- Suit for partition - Land tax - Where co-owners/co-sharers are duly allotted shares pursuant to a final decree of civil Court in a suit for partition, it is the statutory obligation of competent revenue officials to ensure basic land tax is collected from such persons who are considered..........
Kerala General Sales Tax Act, 1963, Section 5, 7 -- When permission u/s 7 of the Act is granted there is bilateral agreement between parties from which neither party can resile from...........
Identification of Prisoners Act, 1920, Section 4, 5 -- Finger prints evidence - Finger prints of accused were obtained without a magisterial order - Absence of magisterial order casts doubts on credibility of fingerprint evidence, especially with respect to packing and sealing of tumblers on which fingerprints were allegedly found, particularly when attesting witnesses..........
Constitution of India, 1950, Article 226, 227, Commission of Inquiry Act, 1952, Section 8B, 5 -- Enquiry by Commission - Publication of inquiry report in violation of principles of natural justice - Challenge as to - Conduct of the petitioner as Minister in charge of Town and Country Planning in issuing licenses for colonization, change of land use, etc. was in question -..........
Hindu Marriage Act, 1955, Section 5(iv), 11 -- Void marriage - Degrees of prohibited relationship - Petition by husband - Validity of marriage questioned by husband after leading marital life for more than 25 years, that too after giving birth to three children - Moreover, custom prevailing in community of parties permits such a marriage and both husband and wife consented..........
Constitution of India, 1950, Article 226, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 1, 5 -- Writ - Maintainability - Suppression of material facts - Cancellation of lease agreement - Suppression of all the fact cannot be said to be a ground for dismissal of writ petition except if the suppression is material one - Petitioner suppressing..........
Civil Procedure Code, 1908, Section 92, 93, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 5(e) -- Ss.92, 93 of the Code not applicable to Hindu Religious Institutions and Endowments as per S.5(e) of Act of 1959...........
Civil Procedure Code, 1908, Section 92, 93, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 5(e) -- Suit for possession of trust properties - Maintainability - Institution in question is a Hindu religious institution and endowment, having regard to duties discharged by it and intentions of propounder of trust - Temples were established for..........
