Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration filed by Society through its secretary - Death of Secretary - Death of Secretary informed to Court - Trial Court on the same day was not justified in rejecting the plaint - Trial Court should have followed the procedure prescribed U.O.22.R.10-A CPC...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Can also be revoked by a superior Court if it transpires that Courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Can also be revoked by a superior Court if it transpires that Courts below have ignored the relevant material available on record or not looked into the gravity of the offence or the impact on the society resulting in such an order...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 324, 342, 506(ii), 294(b), 147, 148, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(2)(b) -- Bail - Murder - Accused along with co-accused committed gruesome murder by tying the innocent persons for injured hens and cocks - Accused seems to..........
Civil Procedure Code, 1908, Section 152 -- Rectification of order - Typographical error - Court was inclined to reject the application but in operative portion it is wrongly typed as allowed - In case of any type of bona fide error including typographical error in the order, same can be rectified at any stage u/s 152 C.P.C - Error rightly rectified...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties lived together only for 4 months after the marriage - Every effort to resolve their difference failed despite best efforts being made by their family members and other persons of society - Settlement arrived at between parties and according to which husband..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of six months statutory period - Parties lived together only for 4 months after the marriage - Every effort to resolve their difference failed despite best efforts being made by their family members and other persons of society - Settlement arrived at between parties and according to which husband..........
Consumer Protection Act, 1986, Section 12 -- Medical negligence - Cataract surgery - Permanent loss of vision in the right eye - Lapses in duty of care both pre-operative and post-operative standards for conducting traumatic cataract surgery - Expert evidence not controverted due to absence of cross examination and failure to bring on record any other contradictory expert..........
Indian Penal Code, 1860, Section 307, 323, 34, Probation of Offenders Act, 1958, Section 4 -- Offence u/ss 307, 323, 34 IPC - Benefit of probation - Sentence of accused was suspended and they were released on bail - After release on bail accused are living in the society peacefully without there being any criminal antecedents to their discredit - Benefit of probation..........
Service -- Benefit of personal/promotional pay scale - Recovery of - Benefit of personal/promotional pay scale was granted only to Ayurvedic Medical Officers upon completing 8 and 14 years of service - Said order was contrary to order of Finance Department and therefore, rightly withdrawn - Personal time bound pay scale was granted to appellants, subject to condition that..........
