Civil Procedure Code, 1908, Section 115 -- Revision - An order passed by a subordinate Court can be interfered with only if it exercised its jurisdiction, not vested in it by law or has failed to exercise its jurisdiction so vested or has acted in exercise of jurisdiction illegally or with material irregularity...........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder of wife by husband - Circumstantial evidence - Recovery of pistol - Pistol was recovered at the instance of accused from under the earth in courtyard - Since independent witness went hostile, recovery disbelieved by High Court - However, PW2 did not deny his signature on recovery memo nor did he..........
Insolvency and Bankruptcy Code, 2016, Section 31 -- Approval of resolution plan - Court ought to cede ground to commercial wisdom of creditors rather than assess resolution plan on basis of quantitative analysis...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - No issue as to no, joinder of necessary parties - Suit dismissed suit on other grounds - However, first appellate Court framed the issue regarding no, joinder of necessary parties and decreed the suit - Both the Courts therefore, failed to appreciate issue of no, joinder of..........
Indian Penal Code, 1860, Section 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Criminal conspiracy - Parties entered into compromise - Trial Court allowed parties to compound offence punishable u/ss 420, 419, 406 IPC but offence u/s 120-B IPC was not attested, as no compromise was filed before it, though offence is compoundable..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Where finding recorded by trial Court, if found to be based on material on record and view taken by trial Court is justified although alternate view is also available, then view that favours accused is to be preferred by Appellate Court...........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 19, 13(1)(c), Indian Penal Code, 1860, Section 468, 471, 420, 409 -- Sanction for prosecution - Offence u/ss 13(1)(c) of P.C. Act and Ss.468, 471, 420, 409 IPC - Misappropriation caused by petitioner was not while discharging his official duty, but loss was caused to Government..........
West Bengal Premises Tenancy act, 1956, Section 13(6) -- Rent and eviction - Reasonable requirement for own use and occupation - Subsequent events - Court is duty bound to take into account subsequent events in a suit for eviction on the ground of reasonable requirement...........
Transfer of Property Act, 1882, Section 106 -- Lease - Ejectment - Adjustment of advance paid - Compromise between parties that claim made by plaintiff in calculation so submitted before Court can be adjusted from amounts which have been paid by tenant directly to landlord and from amount deposited by tenant by Court - If this adjustment is to be made, then tenant entitled..........
Service -- Pseudonymous complaint - Writ petition deserves to be allowed firstly on the ground that a similar complaint which had earlier been filed against petitioner has already been filed by competent authority which fact is not disputed by respondents - Secondly, this is a pseudonymous complaint which has been filed against petitioner as stands established from the..........
