Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of Supreme Court - Grievance that petitioners were not re-instated as per Court`s order - However, there is no direction in order passed by Supreme Court to reinstate petitioners or place them in minimum pay scale - Contempt jurisdiction cannot be invoked on the basis of impressions, when..........
Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Violation of order of Supreme Court - Execution petition to execute final award passed by Arbitrator was already filed regarding said order - It is for the petitioner to work out his remedy - When regular execution petition is pending, it cannot be said that respondent has intentionally violated the order -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of charge - Framing of charges being initial stages in trial process, Court therein cannot base decision of quashing charge on basis of quality or quantity of evidence rather enquiry must be limited to a prima facie examination...........
Industrial Disputes Act, 1947, Section 25H -- Re-employment - Respondent's termination was held illegal and he already accepted the compensation awarded to him in lieu of his right of re-instatement in service - S.25-H of the Act thus, have no application to case, as it is not a case of retrenchment of respondent from service as contemplated u/s 25-H of the Act - More so,..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Plea of undue influence - Merely because parties are related to each other or merely because executant was old or weak character, no presumption of undue influence can arise - Court must scrutinize the pleadings to find out that such plea is made out before examining whether undue influence was exercised or not...........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Moulding of relief - Subsequent event - Whenever there is subsequent events of fact or law, which have a material bearing on rights of parties to relief or on the aspects of moulding appropriate relief to parties, Court is not precluded from taking cognizance of subsequent changes of fact and law to mould the relief...........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Exercise of inherent power of High Court u/s 482 Cr.P.C. will depend on facts and circumstances of each case - It is neither proper nor permissible for Court to lay down any strait jacket formula for regulating inherent power of High Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Where accused seeks quashing of FIR, invoking inherent jurisdiction of High Court, it is wholly impermissible for High Court to enter into factual arena to adjudge correctness of allegations in complaint...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Based on supplementary charge sheet - Accused who was discharged earlier can be summoned u/s 319 Cr.P.C on the basis of supplementary charge sheet, particularly when at earlier point of time supplementary charge sheet was ignored by trial Court while discharging accused that too when sufficient..........
Civil Procedure Code, 1908, Section 96 -- First appeal - High Court while dismissing the appeal preferred by defendants could not have passed any further order beyond judgment and decree passed by Trial Court, more particularly, in absence of any cross objection and/or cross appeal preferred by plaintiffs...........
