Haryana Canal and Drainage Act, 1974, Section 17 -- Re-alignment of watercourse - Validity - Watercourse shown as ABCD realigned as ABEFCD - Land of petitioners is beyond point `D' and if watercourse is realigned instead of point `AB' to `AE' and instead of point `BF' to `EF', interest of petitioners is not going to be effected because, in any case, petitioners have to..........
Criminal Procedure Code, 1973, Section 91, 243 -- Summons to produce documents from Bank - Defence evidence - Documents in question has come in deposition of PWs - Original documents were not produced by PWs and rather photo copies were produced - Petitioner was not demanding any new document and even if petition was filed after two months of recording the statement u/s..........
Indian Penal Code, 1860, Section 211, 220 -- No material that petitioner maliciously directed I.O. to submit charge sheet for the offence u/s 304(Part I)PC, though no such offence made out - Court committed error in taking cognizance of offence u/ss 211 & 220 - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 378 -- Dowry death - Order of acquittal - Interference with - Held, interference against an order of acquittal should not be a matter of course - However, where trial Judge commits a jurisdictional error, appellate Court is entitled to interfere and correct error - In present case, trial Judge arrived at a conclusion that death was..........
Prevention of Corruption Act, 1988, Section 19, Constitution of India, 1950, Article 226 -- Illegal gratification - Sanction for prosecution - Interference in writ jurisdiction - Held, once Sanctioning Authority is competent to remove public servant and it fully and carefully examined material placed before it and granted sanction, writ Court cannot sit in judgment over..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - By way of amendment plaintiffs wanted to mention the land as 49 Kanals 4 Marlas instead of 24 Kanals out of which they are claiming to be in exclusive possession of 24 Kanals of land - Held, amendment is only for correction of typographical error i.e. figures - Otherwise also, it will not change the..........
Consumer Protection Act, 1986, Section 21 -- National Commission - Revisional jurisdiction - Revisional power can be exercised by National Commission only if there is some prima facie jurisdictional error appearing the impugned order - Only then the same can be set aside...........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - To claim interest on mesne profits which was not granted in the decree - Such decree cannot be sought to be amended by filing an application u/s 152 CPC as it is not a clerical mistake, accidental omission or arithmetical error - Only remedy available to aggrieved party is to file an appeal...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 21, 42 -- Contraband - Sending of samples - A wrong date due to clerical error is reflected in affidavit - Samples received by FSL without any delay - There was no tampering with seal - Contention that weight of sample was lesser than what actually sent to FSL - Contention rejected as weight given in FSL..........
Civil Procedure Code, 1908, Order 21, Rule 2 -- Execution - Property put to auction - Before confirmation of sale, decretal amount paid out of Court - Payment of decretal amount out of Court is permissible even during execution proceedings - If Court is satisfied that payment is so made to the D.H. out of Court and D.H. certifies such payment to Court, then Court is bound..........
