Commission of Inquiry Act, 1952, Section 3,5(1) -- Commission of enquiry - Appointment - Sitting Judge of High Court - Appointment made without consideration of several aspects including the determinative `paramount national interest' angle - Application for modification of order directing that in no case a sitting judge of any High Court shall continue as a Commission..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 19 -- Restoration of appeal - Dismissed on merits -Appeal fixed for appearance of respondent - Counsel for appellant arguing another case before another Bench, when the case was called - High Court referred to the merits of the case and dismissed the appeal noting none appeared for the appellant - Application to..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116 -- Partition - Violation of mode of partition - Naksha `B' drawn up - Objections called - Petitioner proceeded exparte - Partition finalized - Appeal and Revision dismissed by Collector & Commissioner, respectively, holding that there is no violation of mode of partition & proceedings atained finality with..........
Criminal Procedure Code, 1973, Section 9 -- Transfer of case from one State to another - Plea of illness - Not supported by medical evidence - Petitioner attending Court at Delhi in a dispute pending inter se between parties - Petitioner attending Court at Chandigarh as she had filed a criminal case against respondent No.2 at Chandigarh - Application dismissed...........
Malicious prosecution -- Compensation - Acquittal in a criminal case - Mere acquittal of plaintiff does not give rise to inference about existence of ulterior motive for his prosecution - Plaintiff must prove oblique intention of defendant in order to establish malice at the bottom of the criminal complaint - Evidence of plaintiff in this behalf, not worthy of credence -..........
Delhi Police (Punishment and Appeal ) Rules, 1980 -- Preliminary enquiry - Departmental enquiry - Plea that Rule 15(2) of the Rules mandates that in a case in which a preliminary enquiry discloses the commission of cognizable offence, departmental enquiry shall be ordered after obtaining prior approval of the Additional Commissioner of Police concerned - Violation of..........
Civil Procedure Code, 1908, Section 9, Land Acquisition Act, 1894, Section 30 -- Dispute regarding entitlement of compensation - Bar of jurisdiction of Civil Court - Suit for declaration regarding establishment of title over the suit property on the basis of decree for pre-emption - Suit property acquired by State - Trial Court holding plaintiff owner of suit property -..........
Punjab Land Revenue Rules, 1908 -- Appointment of Lambardar - Applications invited through proclamation in village - Only one candidate applied - Applicant having experience of Sarbarah lambardar for about 20 years - Antecedents verified by police - Tehsildar & SDM after considering merits, recommended his name - Collector appointed him as lambardar - Order of appointment..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Petition by husband - Acquittal in a criminal case instituted by wife - Leave to appeal subjudice in High Court as such it cannot be held that frivolous case was registered by wife - Husband harassed wife and abandoned her - Husband cannot be allowed to take advantage of his own wrong and claim divorce on the ground of..........
Land Acquisition Act, 1894, Section 4(1), 6(1) -- Proviso (ii) Explanation (1) - Limitation for making declaration u/s 6(1) of Act - Exclusion of period of stay - Notification u/s 4(1) of Act issued on 20-12-1996 - Civil Suit questioning validity of the notification - Interim stay granted on 30-08-1997 - Extended from time to time, till a particular date - On 28-07-1998..........
