Constitution of India, 1950, Article 21, 136, 134 -- Supreme Court Rules, 1966, Rule 8 - Appeal from jail - When special leave petition is forwarded through officer-in-charge of jail along with certified copy of judgment, the same should urgently be placed before the Court - First listing of the case should not be delayed - At best an office note be placed that the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - During special leave before Supreme Court both parties filed joint petition for compromise - Compromise lawful - Permission granted to compromise the dispute - Conviction set aside...........
Constitution of India, 1950, Article 136 -- Special leave petition - Question whether workman completed 240 days of continuous service is a question of fact - Finding arrived at by tribunal on said question - No interference in special leave petition...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Doctrine of merger - The doctrine of merger is based on the principles of propriety in the hierarchy of justice delivery system - The doctrine of merger does not make distinction between an order of reversal, modification or an order of confirmation passed by the appellate authority - The said doctrine postulates that..........
Civil Procedure Code, 1908, Section 96 -- Appeal by person who is not party to suit - Can be filed with leave of Court if he is aggrieved by it or prejudicially affected by it - In order to get special leave, the person who files such a petition need only show prima facie that he is aggrieved by it and he is having an appealable interest...........
Civil Procedure Code, 1908, Section 151 -- Recall of order - Permissibility - Application for recall of order passed in writ petition - Earlier petition for review of same order passed in the writ petition was dismissed without condoning delay - Special Leave Petition against order dismissing review petition was filed before Supreme Court - Dismissal of Special Leave..........
Punjab Co-operative Societies Act, 1961, Section 55, 82, Rajasthan Co-operative Societies Act, 1965, Section 75, 137 -- Bar of jurisdiction of Civil Court to try suit - Plaintiff purchased plot allotted to his vendor by Co-operative Society - Suit filed for declaration of title, restoration of possession and injunction against encroacher-defendant - Neither plaintiff nor..........
Constitution of India, 1950, Article 226,227 -- Writ Jurisdiction - Writ of certiorari - Maintainability - Prayer for quashing the order passed by Division Bench held not maintainable under Article 226/227 of the Constitution - Remedy of the aggrieved person is either to file Letters Patent Appeal against the said order or Special Leave Petition before the Supreme Court -..........
Punjab Municipal Act, 1911, Section 192(3), Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 11 -- Town Planning Scheme sanctioned on 22.7.1981 - Against the Scheme writ petition dismissed on 3.10.1990, Special Leave Petition dismissed on 10.3.1991, a suit and appeal also dismissed in 1992 - On 7.1.1994 in exercise of powers under Section 19..........
Criminal jurisprudence -- Accused not preferring appeal - Judicious principle - Even in a case where one of the accused has not preferred an appeal, or even if his Special Leave Petition is dismissed, in case relief is granted to the remaining accused and the case of the accused, has either not appealed or whose SLP has been dismissed, stands on the same footing, he should..........
