Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil Court in view of S.85 of Maharashtra Tenancy and Agricultural Lands Act - Civil Court was obliged to see whether appointment of a receiver for administration of Estate of a deceased person would actually fall within mandate of S.88-B(1)(d) of Maharashtra Tenancy and..........
Civil Procedure Code, 1908, Section 148A -- Caveat - Ad interim injunction granted without affording an opportunity of hearing to the caveator due to negligence on the part of Court officials as caveat was not reported - Order is liable to be recalled and caveator is entitled to be restored to the position of hearing of application afresh, on the principle that an act of..........
Consumer Protection Act, 1986, Section 2(1)(g), 2(o) -- Consumer complaint - Deficiency in service - Conversion of leasehold property into freehold property - Appellant is not providing any services within meaning of S.2(o) of the Act - Expression service includes housing construction and not allotment of a site or a plot - Deficiency in service does not include transfer..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, 61, 85 -- Recovery of 12 lakh tablets of Tramadol - Recovery though acknowledge by Joint Commissioner Food and Drugs Administration, however, nothing stated where recovered stock has gone and even no batch number etc is given - This is a serious lapse and inaction on the part of Punjab Police as well as..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Bail during pendency of appeal - Cancellation of - Accused was involved in an offence u/s 302 IPC during period when his sentence was suspended - Despite the order u/s 319 Cr.P.C, accused evaded his arrest in contravention of warrant of arrest which was issued by ASJ - Criminal antecedents..........
Succession Act, 1925, Section 263 -- Probate - S.263 of the Act reveals that grant of probate or letter of administration or revocation or annulment thereof for just cause can be ordered only by probate Court...........
Karnataka Hindu Religious Institutions and Charitable Endowments Act, 2001, Section 23, 1(4), 68 -- Temple - Administration of temple - Dispute as to whether temple belongs to `Mutt' - Detailed consideration is required regarding dispute in question - Appropriate course in interest of temple as well as devotees as also `Mutt' would be to allow administration of temple by..........
Medical education -- Admission to MBBS - Petitioners were duly nominated by Administration for admission to MBBS degree course under central pool seats - However, admission process of petitioners have not been confirmed - Though similarly placed students nominated by administration were already allotted seats to different institutions and their admissions were confirmed -..........
Criminal Procedure Code, 1973, Section 406(2) -- Transfer of a case - Party interested - State being a prosecuting agency in criminal administration, can be considered as a `party interested' within meaning of S.406(2) Cr.P.C - Petition filed u/s 406(2) Cr.P.C, at the instance of State is maintainable...........
Criminal Procedure Code, 1973, Section 157 -- Instructions dated 04.05.2017 issued by Director, Bureau of Investigation, Punjab - Investigation - Instructions dated 04.05.2017 issued by Director, Bureau of Investigation, Punjab violate the process and procedure of investigation established by Code of Criminal Procedure, 1973, and further cause abuse of process of Court by..........
