Constitution of India, 1950, Article 226, 227, Land Acquisition Act, 1894, Section 4, 6 -- Writ petition challenging notifications for acquisition of land - Two earlier writ petitions filed challenging same acquisition proceedings and notifications - Both previsous writs dismissed with costs - Third writ petition against same acquisition not maintainable - An abuse of..........
U.P. Basic Education (Teachers) Service Rules, 1981 -- Special BTC Training Course - Policy decision dated 14.1.2004 of State of U.P. - Plea that merit list for undergoing training course required to be prepared in accordance with sub-rules (3) to (6) of Rule 14 of the Rules repelled - Held that submission misconceived - Rules of 1981 deal with the post training scenario -..........
Will -- Suspicious circumstances - Will registered - Testator had gone to get the Will scribed at 4.30 p.m. - Will first hand written then it was typed and again it was brought back to the deed writer who read over the same to testator - Testator and witnesses thereafter signed the Will - The entire process must have taken about two hours - How the Will could be registered..........
Will -- Suspicious circumstances - Will registered - Testator had gone to get the Will scribed at 4.30 p.m. - Will first hand written then it was typed and again it was brought back to the deed writer who read over the same to testator - Testator and witnesses thereafter signed the Will - The entire process must have taken about two hours - How the Will could be registered..........
Transfer of Property Act, 1882, Section 62, 83 -- Usufructuray mortgage - Rights of mortgagor - A Usufructuary mortgagor may file a suit for redemption or may take recourse to the summary process of deposit and notice u/s 83 of Transfer of Property Act...........
Insurance policy -- Plaintiff claiming loss sustained by cessation of work - Maintainability of claim - Loss or damage resulting from a total or partial cessation of work or the retarding, interruption or cessation of any process or operation are excluded from Fire insurance as well as consequential loss policy - As per evidentiary material on record no overt act on part..........
Criminal Procedure Code, 1973, Section 482 -- Inherent power of High Court - Exercise of - (1) That the power is not to be resorted to if there is a specific provision in the Code for the redress of the grievance of the aggrieved party; (2) That it should be exercised very sparingly to prevent abuse of process of any Court or otherwise to secure the ends of justice; (3)..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Exercise of - Trial court exercising its discretion has allowed the petition filed u/s 311 Cr.P.C. - Challenge thereto - Held, impugned order cannot be said as violative of any provision of the Code of Criminal Procedure or any other law in force - Therefore, there is no question of preventing any abuse of..........
Criminal Procedure Code, 1973, Section 202, 204 -- Issue of process - Magistrate after issuing process u/s 204 Cr.P.C. examined and recorded statement of two more witnesses and thereafter once again took the complaint on file - Held, Magistrate has committed irregularities in the proceedings which shows that while considering the complaint at first instance, he was not..........
Evidence Act, 1872, Section 65 -- Secondary evidence - To enable a party to produce secondary evidence it is necessary for the party to prove existence and execution of the original document - Secondary evidence may be given when original is shown or appears to be in possession or power of the person against whom the document is sought to be proved or of any person out of..........