Criminal Procedure Code, 1973, Section 378, 407 -- Judgment of acquittal in a case instituted upon a police report - De facto complainant filed appeal out of mistake - Held, it cannot be rejected outrightly - It can be treated as revision and disposed of on merits..........
Civil Procedure Code, 1908, Section 16, 17, Order 38, Rule 5 -- Attachment before judgment - Money suit - Property sought to be attached need not to be subject matter of the suit claim - Property within or beyond the jurisdiction of Court can be attached...........
Constitution of India, 1950, Article 16(4A) -- Promotion - Accelerated promotion - Catch - up rule - Seniority - Executive instructions - Dated 15.12.2005 issued by Punjab Government held to be prospective in nature - Private respondents got accelerated promotion in the year 1992 and 2001 - At that time the executive instructions with regard to allowing consequential..........
Civil Procedure Code, 1908, Order 21, Rule 35, Evidence Act, 1872, Section 116 -- Estoppel - Execution - Decree for possession - Challenge by judgment-debtor on ground that third co-sharer not party to license deed - JD never raised issue of third co-sharer before any Court, except in review petition - Since license created only by plaintiffs - JD estopped from raising..........
Independent witness -- 10-12 persons watching the incident - But they not examined as witnesses - Held, as there was enmity between the two parties as there were murder and counter murders as such if the witnesses do not become available it is not the fault of the investigating agency - Apart from that investigating officer not asked about the aspect of the witnesses being..........
Medical negligence -- Compensation - Eye surgery - Cataract in Eye - No allegation that the OP doctor has intentionally against the will of the petitioner/complainant conducted the cataract operation to cause any loss or injury to the complainant - Just because the complainant has not favourably responded to the treatment because of some other complication, it would be..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Ex parte decree - Setting aside - Thumb impressions of some body else on summons - Trial Court set aside the ex parte decree by holding it to be the result of fraud - Decree passed in 1980 but application to set aside it filed in 1997 when served in execution petition - Certified copy of..........
Evidence Act, 1872, Section 40, 41, 42, 43 -- Criminal and civil proceedings - Finding recorded in one proceeding - Effect on other proceeding - Held, there is no statutory provision or any legal principle requiring that finding recorded in one proceeding is to be treated as final and binding on other - Both civil and criminal proceedings are to be decided on basis of..........
Constitution of India, 1950, Article 227 -- Power of superintendence - High Court under Art.227 cannot substitute judgment of subordinate Courts unless there is any patent illegality or perversity...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 342 -- Kidnapping and rape - Prosecutrix gave details about her minority and the manner she was induced and subjected to sexual intercourse - Held, it cannot be said to be case of no evidence - Accused has to be examined u/s 342 and confronted with the statement of prosecutrix - While recording statement of accused..........
