Criminal Procedure Code, 1973, Section 401 -- Acquittal - Appeal against - Trial Court and First Appellate Court found accused guilty and High Court acquitted the accused - Evidence of witnesses and conclusions of trial court and first appellate court have not been referred to at all - Two courts below had found accused persons guilty - Held, High Court has even not..........
Criminal Procedure Code, 1973, Section 354 -- Pronouncement of judgment - Presence of accused - Duty of court - Held, while it would have been ideal for Magistrate to adjourn pronouncement of judgment to a future date and to secure presence of appellant by causing a warrant to be issued against him, appellant's absence is not a very serious infraction, particularly since..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Plea that very little progress has been made in complaint case and that more than 11 years have passed - Petitioner himself is a senior citizen and pendency of criminal complaint for a long number of years constitutes a harassment - Held, learned MM directed to complete trial..........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Market value - Principles governing - Analysed - Fixation of market value equivalent with reference to contemporaneous sale transaction is valid - When owner himself has purchased the land few years earlier to the notification u/s 4 of the Act, then consideration mentioned in the sale deed forms..........
Contract -- Non-performance of contract due to weather conditions - Applicant, who had not completed work during stipulated time limit as stated in initial contract was at liberty to walk out of contract if it was not possible for him to maintain this progress rate due to extreme weather conditions - Once he had not chosen not to walk out and had entered into..........
Evidence Act, 1872, Section 137 -- Objection to a question put to a witness - Trial Court to make note of such objection - Trial Court to record the objected part of the evidence subject to the decision at the last stage in the final judgment...........
Civil Procedure Code, 1908, Order 16, Rule 1, Civil Procedure Code, 1908, Section , Order 18, Rule 4 -- Examination of summoned witness - Suit for permanent injunction dismissed by Lower Appellate Court by ignoring evidence of plaintiff as well as defendants recorded in examination-in-chief by way of affidavits - Judgment and decree of Lower Appellate Court set aside -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction of accused - Appeal against judgment of conviction and order of sentence - Appellate Court while suspending execution of sentence imposed condition of asking appellant to remain present in court - Held, condition is harsh and puts accused in difficult position - Court can ask accused to..........
Punjab Civil Services ( Punishment and Appeal) Rules, 1970 -- Fresh/de novo enquiry - Rule 4(4) of the Rules relates to further enquiry and not the fresh/de novo enquiry - Once the order of dismissal and the appellate order have been set aside by the civil Court and the order of the civil Court has been upheld upto the Hon'ble Supreme Court, the respondents cannot be..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dispute regarding management of Gurudwara - Respondent filed a suit for injunction on the basis that he was Mohtmim of the said Gurudwara - Managing Committee of Gurudwara also filed suit for declaration and injunction that they were entitled to management and control of said Gurudwara - Both the suits consolidated -..........
