Criminal Procedure Code, 1973, Section 397 -- Revision - Offence u/s 366-A IPC - Dismissal of application filed by appellant for discharge - Appellant filed revision before High Court - Counsel for appellant withdraw the said revision - Counsel who had withdrawn revision before High Court was not authorised by appellant to withdraw the same - Judgment and order passed by..........
Criminal Procedure Code, 1973, Section 354 -- Judgment in a criminal case - Every court is duty bound to state reasons for its conclusions...........
Criminal Procedure Code, 1973, Section 362 -- Natural justice - Review - Held, there is a clear bar for any Court which includes High Court to either review or recall an order or judgment passed even it is found subsequently that it offends principles of natural justice...........
Civil Procedure Code, 1908, Order 41, Rule 26 -- Suit for declaration of ownership of suit property - Non-examination of public officials - Dismissal of suit - Validity - Held, Courts below were not justified in dismissing suit without examining public officials concerned and also summoning public records concerning disputed property - Impugned judgment set aside - Matter..........
Himachal Pradesh Urban Rent Control Act, 1987, Section 4 -- Ejectment - Revisional jurisdiction - Arrears of rent - Rent Controller and Appellate Authority after due appreciation of material on record have recorded a finding of fact that respondent has paid rent till October, 1992 - He has not paid rent from November, 1992 - Case of respondent that since January, 1993,..........
Civil Procedure Code, 1908, Section 151 -- Inherent powers - Scope - (i) An application U.O.9.R.13 CPC cannot be filed by a person who was not initially a party to the proceedings; (ii) Inherent powers u/s 151 CPC can be exercised by the Court to redress only such a grievance, for which no remedy is provided for under the CPC; (iii) In the event that an order has been..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Maintenance - Merger - Principle of - Interim order merges with the final order which further merges with the order passed by Appellate Court - Effective date of merger is the date on which order is passed by Appellate Court unless otherwise specifically provided - Merger is not retrospective - It is..........
Contempt of Courts Act, 1971, Section 11, 12, 2(b) -- Non compliance of order passed by Supreme Court - High Court cannot entertain contempt petition - Judgment and order passed by a particular Court, especially the Supreme Court, if alleged not to have been complied, will have to be taken care of and addressed by the Court which passed the order sought to be complied...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 24, 27 -- Appeal - Order of remand - Validity - Held, right of remand is an exceptional right and before exercising it, it is mandatory for appellate Court to examine materials available - In present case, appellate Court discussed issues framed but avoided to examine them and altogether framed another issues and remanded..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11 -- Eviction - Kudikidappu right - Claim by tenants - Earlier judgment placed on record by landlord shows that even though an application was filed by tenants claiming kudikidappu right and to refer the matter to Land Tribunal, after going into merits of matter, said plea was refused - Respondents/tenants..........
