Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate not satisfied with the investigation - Ordered further investigation by the same police authorities about whose investigation he was not satisfied - Contention that further investigation should have been handed over to some other investigating agency - Additional Director General directed..........
Haryana Housing Board Act, 1971, Section 74 -- Housing Board Haryana(Allotment Management and sale of Tenements) Regulation,1972 - Regn.11(4) Hire purchase tenancy agreement - Legality of demand of additional price from allottees by housing board on ground of increase in land cost due to payment of higher compensation to land owners - Hire purchase tenancy agreement..........
Natural justice -- Additional Sessions Judge rescued from hearing matter for personal reasons - Case transferred - Accused acquitted - Meantime Additional Sessions Judge who earlier rescued from hearing matter appointed Judge of High Court - Revision against acquittal dismissed by him - Fact of earlier rescued of case at trial by him was not brought to his notice in..........
Constitution of India, 1950, Article 226, Rajasthan Stamp Act, 1999, Section 65 -- Demand of deficit stamp duty - Writ petition thereagainst - Alternative remedy - Held, writ petition cannot be rejected on ground of availability of alternative remedy of revision u/s 65 - Court should look into whether determination of value of property purchased by appellant and demand of..........
Constitution of India, 1950, Article 16(4A) -- Promotion - Reservation - Restructuring of posts - Effect on reservation - Held, does not involve creation of additional posts but merely results in some of the existing posts being placed in a higher grade to provide relief against stagnation, the said process does not invite reservation...........
Right to Information Act, 2005, Section 8 -- Right to information - Revision of marks - Information as to criteria, authority who decides the exercise of discretion, quantum of such revisions and number of students who benefited in the last five examinations - Plea that data to such information not maintained - As the information sought is not maintained and is not..........
Civil Procedure Code, 1908, Order 41, Rule 24, Civil Procedure Code, 1908, Section , Order 14, Rule 1, 2 -- Non framing of an issue - Evidence available on record not sufficient for deciding that question - O.41.R.24 CPC cannot be invoked - If at all it was felt that trial Court should have framed specific issue then the matter should have been remanded to the trial Court..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Guiding principles are , viz. (i) Court can exercise power u/s 319 Cr.P.C. suo motu or on an application by someone; (ii) It applies to all courts including the Sessions Court; (iii) 'any person not being the accused' in S.319 does not exclude an accused who has been released by the police u/s..........
Motor Vehicles Act, 1988, Section 166 -- Claimant working as Collie met with an motor accident - Right hand of claimant completely disabled due to which, his work and livelihood completed suffered - Claimant, before Tribunal claimed his monthly earning as Rs.4, 500/-, however, Tribunal took earning of claimant at Rs.3, 000/- per month and quantified loss of future income..........
Criminal Procedure Code, 1973, Section 311 -- Additional evidence - Discretionary power u/s 311 Cr.P.C. can be invoked only for the ends of justice - Discretionary power u/s 311 Cr.P.C. has to be exercised judicially for reasons stated by the Court and not arbitrarily or capriciously...........
