Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Court not to dismiss application unless it holds that relief claimed is covered under a specific issue or issues to be raised are not required to be adjudicated - Impugned order dismissing application set aside and matter remitted for decision afresh...........
Civil Procedure Code, 1908, Section 151 -- Restoration application - Stamp proceedings - Proceedings heard in absence of petitioner - Petitioner had not put in appearance and only by presuming service of notice Additional Collector proceeded with the matter - Even recall application filed by petitioner dismissed without giving any finding regarding notice specially when..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Delay in filing of application u/s 319 Cr.P.C. - Cannot be, by itself a ground to dismiss the same but the Court cannot be ignorant of the valuable time spent by trial Court in collecting the requisite evidence and so also the fact that summoning of additional accused would result into yet..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - As per material on record, application u/s 319 Cr.P.C. was allowed after entire prosecution evidence as well as statement of accused had been recorded by the trial Court - Even, there is no such material on record which can satisfy the Court as to what prevented the prosecution or the trial..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by way of additional evidence i.e notification issued under Land Acquisition Act, were relevant and also necessary for deciding rights of parties involved in suit - These documents did not require any proof being public documents in nature - Moreover,..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Neither predecessor-i, title of plaintiffs and nor plaintiffs had any subsisting right, title and interest in suit property on the date of filing of suit, as suit property was acquired by State - Defendants filed the documents in appeal by away of additional evidence on record..........
Service -- Judicial service - Regularization - Ad hoc Additional Sessions Judge - Petitioners were appointed Additional Deputy Commissioners with powers of Additional Sessions Judge on contract basis - R.7 Proviso of State Judicial Service Rules never gave any mandate that petitioners had to be necessarily absorbed in regular service - Only right of consideration was there..........
Service -- Pensioner beneficiary - Medical reimbursement claim (MRC) - Central Government Heath Scheme (CGHS) - Directions issued with regard to slow and tardy pace of disposal of MRC by CGHS in case of pensioners viz; (i) all such claim shall be attended by a Secretary Level High Powered Committee in concerned Ministry which shall meet every month for quick disposal of..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 328, 304B, 34 -- Summoning of additional accused - Offence u/ss 328, 304-B, 34 IPC - Petitioners though named in FIR but on completion of investigation petitioners found innocent - They were not sent up for trial - Case was fixed for arguments on behalf of prosecution - Application for summoning..........
Criminal Procedure Code, 1973, Section 190 -- Additional accused - Cannot be summoned u/s 190 Cr.P.C. after framing of charge - The only power available to trial Court for summoning additional accused is available u/s 319 Cr.P.C. after recording evidence at the trial...........
