Indian Penal Code, 1860, Section 420, 405, 506(1) -- Cash-for-job scam - Compromise - Quashing of proceedings - Persons who have adopted corrupt practices to secure employment fall under two categories i.e those who paid money and got selected and those who paid money but failed to secure employment - If persons belonging to second category are allowed to settle their..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25, Criminal Procedure Code, 1973, Section 439 -- Recovery of 750 gms opium/afeem - Bail - Intermediate recovery - Does not attract bar of S.37 of NDPS Act - Recovery was from a fridge kept in the house which indicates that accused was using his premises for commission of offence - Cash recovery of Rs.2.52..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Compensation - Future economic loss - Claimant was working as a Mason - Permanent disability assessed by High Court at 100% - Therefore, even considering minimum wages payable to Mason and future rise in income, claimant shall be entitled to economic loss past as well as future considering..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Appeal against - Appellant while challenging ex parte decree by filing an appeal, can always point out from record of trial Court that order passed to proceed with the suit ex parte against him was illegal...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Appeal against - Appellant can always point out from record of trial Court that order proceeding him ex parte was illegal - Record shows that attempt to service summons by regular mode failed as premises of appellant were found to be locked - Trial Court did not..........
Criminal Procedure Code, 1973, Section 278, Evidence Act, 1872, Section 80 -- Correction of deposition of a witness - Where certificate of Magistrate endorsed on deposition sheet states that deposition was read out to witness and that witness admitted it to be correct, Court is bound to accept this as correct u/s 80 of Evidence Act, until it is proved to be untrue...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - O.16.R.1(3) CPC confers a wider jurisdiction on Court to cater a situation where party has failed to name the witness in list or party is unable to produce him or her on his own U.O.16.R.1-A CPC - In such situation party out of necessity may seek assistance of Court U.O.16.R.3 CPC to procure presence..........
Guardians and Wards Act, 1890, Section 25 -- Custody of child - Claimed by father - Custody of child was mutually given to mother/wife in divorce proceedings u/s 28 of Special Marriage Act - Father/husband thus, had a remedy to approach same Court in terms of S.38 of Special Marriage Act, which passed the decree - Application filed by father u/s 25 of the Act is not..........
Mutation -- On basis of sale deed - Revenue authority while considering mutation application cannot go into validity of sale deed and such question can be decided by a competent Court of law...........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - No reason to entertain transfer petition - However, considering circumstances on record including advance age of parties, trial Court directed to expedite process and conclude proceedings as early a possible and preferably within one year - Transfer petition dismissed...........
