Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error has to be self evident and is not to be found out by a process of reasoning...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Restraining defendant from interfering in his sehan (appurtenant of land) land - Plaintiff failed to establish that suit property is his sehan land - Both the Courts below disbelieve the testimony of PW2 and statement regarding suit property and facts regarding possession was not..........
Service -- Dismissal from service - Submission of forged certificate for claiming additional monetary benefits - Tribunal on the basis of evidence, found that employee was fully aware of the fact that document was a forged one - Employee dismissed from her services by Disciplinary Authority - Punishment was upheld by Appellate Authority and Tribunal - High Court committed..........
Guardians and Wards Act, 1890, Section 9 -- Custody of minor - Claimed by father - Jurisdiction of Court - Minor at the time of death of her mother was ordinarily residing at Lucknow - He was shifted to Kanpur under unprecedented circumstances of death of her mother - It therefore happens to be temporary shifting of minor from Lucknow to Kanpur - It would not make him..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Recovery of 29.500 kg poppy husk - It is for the prosecution to prove that samples were intact and were not tampered with by anybody or were put in a sealed and proper condition - Benefit of doubt in the absence of such evidence would go to accused and not to prosecution - Trial Court committed..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Non-framing of substantial question of law - Partition suit - Held, having regard to nature of controversy and issues involved regarding ownership based on interpretation of documents, questions did constitute substantial questions of law - High Court unfortunately did not examine any document for deciding..........
Constitution of India, 1950, Article 226 -- Writ - Writs are intended to enable High Court to issue them in appropriate cases where State or its official/instrumentalities act wholly without jurisdiction or in excess of it or colorably or in violation of principle of natural justice, or refuse to exercise jurisdiction conferred on them, or there is an error apparent on..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Permanent disability - Amputation of left leg - Determination of percentage of disability - Appellant was only 29 years of age at the time of accident - He was a professional driver and earning Rs.24,000 p.a - Due to amputation of left leg appellant cannot pursue his livelihood as a driver or daily wage labourer - Court..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 370, 373, Immoral Traffic (Prevention) Act, 1956, Section 3, 4, 5, 6, 7, 8, 9 -- Bail - Cancellation - Offence u/ss 370, 373 IPC and Ss.3 to 9 of Immoral Traffic (Prevention) Act - Accused arrested for human trafficking and forcing minor girls into prostitution - As many as 41 minor girls were..........
Indian Penal Code, 1860, Section 302, 307, 324 -- Double murder - Identification of accused - Presence of light on the spot - PW22 contended that zero watt bulb alone was burning at the spot - However, eye witnesses stated that there was sufficient light on the spot - High Court committed error by completely ignoring the testimony of eye witnesses together with the fact..........
