Limitation Act, 1963, Article 123 -- Limitation - Starting point - Article 123 Limitation Act is in two parts - In a case where summons have been served upon a party, the first part shall apply - However, in a case where the summons have not been served, the second part shall apply...........
Civil Procedure Code, 1908, Section 9 -- Termination of service - Without conducting enquiry - It is violation of statutory Regulation as also the right of equality as contained in Article 14 of the Constitution of India - In such a situation, civil suit is maintainable for the purpose of declaration that the termination of service was illegal and the consequences flowing..........
Custodial torture/death -- Article 21 of Constitution mandates that no person shall be deprived of his life and personal liberty except according to the procedure established by law - Life or personal liberty includes a right to live with human dignity - There is an inbuilt guarantee against torture or assault by the State or its functionaries - There is hardly direct..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Rejection of application - Order is not revisable - Order can be set aside under Article 227 of the Constitution of India...........
Constitution of India, 1950, Article 226 -- Delay and latches - Writ jurisdiction of High Court - Delay and latches is one of the factors which should be kept in mind by the High Court while exercising discretionary powers under Article 226 of Constitution of India - In appropriate cases, High Court may refuse to invoke extra ordinary powers, if negligence or omission or..........
Prevention of Corruption Act, 1988, Section 13(2), Indian Penal Code, 1860, Section 161, 109, 120B -- Delay of 27 years in filing charge sheet inspite of direction of High Court that investigation be completed within 3 months - No explanation for delay in investigation - Investigation conducted by an officer, who had no jurisdiction to do so - State not sure whether a..........
Prevention of Food Adulteration Act, 1954, Section 7, 16 -- Use of aluminium foil on food article like sweets or chocolates is not injurious to health nor there is any statutory prohibition of using such foil...........
Consumer Protection Act, 1986, Section 2(1)(g), Post Office Act, 1898, Section 6 -- Post Office Guide Part II, Clause 107(C) - Registered envelope - Containing foreign currency Demand Draft not reached destination in United Kingdom sent for his son's education by complainant - The complainant had to run from pillar to post in making alternate arrangement - The Postal..........
Agreement to sell -- Requires registration if possession is delivered to purchaser. (Stamp Act, 1899, S.35, Schedule 1A of Article 23 Explanation as added by M.P. Act No.19 of 1989)...........
Punjab Land Revenue Act, 1887, Section 28 -- Lambardar - Not a Govt. servant - Does not hold a civil post within the meaning of Article 309 of the Constitution of India - Fixed sum of Rs.500/- is paid but his main income is the amount of commission which he receives out of the amount of revenue collected - Apart from collection of revenue, he has other functions to perform..........
