Opium Act, 1878, Section 9 -- Opium - Recovery of 20 Kgs. - No independent witness joined - Conviction on basis of official witnesses - Investigating Officer would not plant such a heavy quantity - Recovery was effected at mid night - No person would be willing to join the police party in the odd hours - Moreover there is no evidence on record that at the time when..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Expln. - Court can exercise jurisdiction under Expln. to Rule 2 of Order 17 CPC only when evidence on record is sufficient to substantiate the absentee party's stand and for disposal of the suit - It is also imperative for the Court to record its satisfaction in that perspective - If the evidence on record is sufficient for..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Explanation - Conditions for applicability of Explanation - Court must satisfy itself that - (a) substantial portion of evidence of any party has been already recorded, (b) such party has failed to appear on any day, and (c) the day is one to which the hearing of suit is adjourned - Explanation in the nature of exception to..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Basic distinction - Under Rule 2 when any party has failed to appear at the hearing while under Rule 3 the party though present has committed any one or more of the enumerated defaults - Rules 2 and 3 operate in different and distinct sets of circumstances - Rule 2 applies when adjournment has been generally granted and..........
Civil Procedure Code, 1908, Order 41, Rule 23-A -- Remand of case for re-trial - A serious matter - Can be ordered in exceptional circumstances when no real trial or complete and effective adjudication of matter - Remand not meant for providing fresh opportunity to a party - Before passing order of remand - Necessary to come to the conclusion that re-trial necessary -..........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Non compliance of Court order - Appeal dismissed - Fault on part of counsel - Party should not suffer for fault of counsel - Appeal ordered to be readmitted...........
Hindu Marriage Act, 1955, Section 5, 12, 13 -- Matrimonial proceedings - Medical examination - A party can be compelled for medical examination and such an order is not in violation of personal liberty - Order for medical examination can only be passed if applicant has a strong prima facie case and there is sufficient material before the Court - If despite the order of..........
East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 42 -- Delay - Party aggrieved should move appropriate authority for relief within a reasonable time - Reasonable time - Question to be decided on facts of each case - Even when 'no limitation' prescribed for moving application under Section 42 - Cannot be understood as enabling party..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Party who does not come to Court with clean hands and tries to suppress material facts - Not entitled to equitable relief of ad interim injunction...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Addition or substitution of a party - `At any stage' - Meaning - Cannot be limited or curtailed for a period of three years from the date of filing of the suit - It means at any stage prior to culmination of proceedings...........
