Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Attachment in execution - Distinction between two - Analysed - While issuing attachment before judgment Court only ensures that defendant does not dispose of property pending suit - Affidavit sworn by defendant containing clear and unambiguous..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Non filing of - Facts stated in plaint cannot be treated as having been admitted - Court should be cautious in proceeding under O.8 before passing judgment against defendant - It is subjective satisfaction of Court and not blind discretion...........
Civil Procedure Code, 1908, Section 152 -- Correction in decree - Judgment directing removal of `Chhajja' but the same not incorporated in the decree - Trial Court allowed application u/s 152 CPC and ordered correction of decree - Held, nature of correction which has been directed certainly falls within the purview of S.152 CPC - Order of trial Court allowing application..........
Criminal Procedure Code, 1973, Section 362 -- Recall of order - No inherent power is conferred upon a criminal Court to review its own order - S.362 Cr.P.C. clearly bars the Court to alter or review its judgment or final order except to correct a clerical or arithmetical error...........
Criminal Procedure Code, 1973, Section 311 -- Further evidence - Abduction for ransom - Recovery of 34.44 lacs of ransom amount - Trial Judge after reserving the judgment thought it proper to know source from where such huge money was paid and thereby summoned witnesses - Held, such an exercise of power u/s 311 Cr.P.C. by trial Court not illegal...........
Words and phrases -- Judgment sub silentio - Meaning of the judgment sub-silentio explained...........
Civil Procedure Code, 1908, Section 152 -- Correction of mistakes in judgment, decrees or orders or errors arising therein from any accidental slip or omission - Application for correction - Can be filed at any point of time - Application cannot be dismissed merely on ground of delay...........
Constitution of India, 1950, Article 14,16 -- Kendriya Vidayalya Sangathan Appointment, Promotion, Seniority Rules, 1971, Rules, 4, 6, 7 and 9 - Regularisation - Ad hoc appointment - As stop gap arrangement on leave vacancies of Primary Teachers - Term of appointment not conferring any right upon them to claim regular appointment - Had such regular vacancies been created..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - All the contentions raised by learned counsel have been dealt with by learned trial Judge in a comprehensive manner on strength of ocular evidence given by the witnesses - Reasons for findings recorded by learned trial court are not shown, in any manner, to be illegal or perverse - Held, no..........
Service -- Dismissal from service - Criminal breach of trust - Labour Court allowing reinstatement with full back wages - High Court in writ petition directing reinstatement with stoppage of two increments and holding employee to be disentitled to back wages - No conclusion by High Court that quantum of punishment is disproportionate to the gravity of misconduct - High..........
