Contempt of Courts Act, 1971, Section 12 -- Contempt of Court - Breach of the directions of Supreme Court regarding promotion to a post - No deliberate or contumacious breach of directions of Supreme Court to warrant punitive action against those responsible for taking the said decision - Error occurred because of an erroneous perception on the part of government and..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Husband convicted for committing offence of bigamy but appeal thereagainst pending - Wife is staying separately due to said fact cannot be said that she is staying separately without any justifiable reason - High Court committed error by rejecting maintenance to wife - Impugned order of High Court set aside -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 20(b)(ii)(B) -- Nature of offence - Recovery of charas - Seized article contained more than 50 gms of Tetra hydrocannabinol (THC) - Commercial quantity for article Tetra hydrocannabinol (THC) is 50 gms as stated in Entry No.150 - Since seized item falls under commercial quantity, conviction u/s..........
Plot -- Allottee sold the plot and received entire sale consideration - PUDA reallotted the plot to appellant - Payment of installments in respect of plot made by appellants to PUDA - Authorities committed grave error in cancelling the re-allotment long after the same was done, on the objection of defendant No.1, who earlier himself made the application in favour of..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Application for grant of permission - Contents of application - Can be established only when party is permitted to enter witness box and is subjected to cross examination - Veracity of statement made by the party seeking permission to lead secondary evidence has to be tested on the cross examination by the other side -..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Award of arbitrator may not be interfered with on the ground that same was erroneous or on the ground that different view can be taken on merits of controversy as while considering an objection to award, Court does not sit in appeal over decision on merits - However, patent error or..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Party is permitted to correct its bona fide error and may be entitled to further opportunity even when such opportunity may be sought without any fault on the part of opposite party - However, plea for recall for advancing justice has to be bona fide and has to be balanced carefully with other relevant..........
Service -- Dismissal - Personal gain - Respondent/bus conductor carrying 25 passengers without ticket - Conduct of respondent clearly shows factum of personal gain - Non-recovery of amount does not mean that there was no personal gain to respondent or concealing of corruption for personal gains by lodging a report with police regarding misplacing of waybill by respondent..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of remand of accused extended to 180 days from date of 1st remand by Sessions Court - Charge-sheet was filed within extended time - No notice of such application filed by I.O seeking extension of period of remand was given to accused - Though error/procedural lapse has occurred on the part of Court as..........
Indian Penal Code, 1860, Section 324, 325, 148, 149 -- Delay of 11 days in lodging FIR - No satisfactorily explanation for such inordinate delay - Unreasonable and undue delay of filing FIR can throw a cloud of suspicion on deeds of prosecution case - Testimony of complainant was wholly inconsistent and replete with contradictions - High Court committed grave error by..........
