Criminal Trial -- Counter case - Duty of court - Held, whenever there is a case and counter case pending in between same parties over self-same incident then it is desirable that both cases should be disposed of by same court and judgment should be pronounced on same day - If trial of one case is concluded earlier, court should not deliver judgment until counter case..........
Criminal Procedure Code, 1973, Section 378, Indian Penal Code, 1860, Section 302 -- Murder - Acquittal by trial Court - Conviction by High Court - Reversal of trial court's judgment should be made in cases where the view taken was not possible on the evidence or perverse with the broad understanding that if two views are possible, the one taken by the trial Court in favour..........
Criminal Procedure Code, 1973, Section 378 -- Judgment of acquittal - Reversed by High Court - View of trial Court cannot be said to be a view which was not possible to be taken - Judgment of conviction by High Court set aside...........
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Written statement - Non filing of - Suit decreed - Held, O.9.R.13 CPC is applicable to a case where a judgment and decree is passed U.O.8.R.10 CPC...........
Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 -- Forfeiture of property - Order quashed by High Court which was upheld upto Apex Court - Representation made for return of property - Only Fixed Deposit Receipt returned and not immovable property - A writ petition was filed in which respondent No.4 raised a contention that the immovable..........
Delhi Police (Punishment and Appeal ) Rules, 1980 -- Misconduct - Punishment - Charge against appellant that being raiding officer he should have seized the tainted money which was not accepted by accused and was an important piece of evidence - It was necessary for the disciplinary authority to arrive at a finding of fact that the appellant was guilty of an unlawful..........
Civil Procedure Code, 1908, Order 38, Rule 1 -- Arrest before judgment - Third party security - Defendant denied that he was trying to sell his properties - Also gave undertaking that he will not leave local limits of Court - In such case, order passed directing defendant to furnish third party security, improper...........
Constitution of India, 1950, Article 245, 246 -- Schedule 7 List II - Power of State Legislature to enact law - Power to enact law includes, power to re-enact or validate any provision of law in the State Legislature - Provided the enactment should not nullify a judgment of the competent Court of law and it falls in List II of Schedule 7...........
Constitution of India, 1950, Article 226 -- Tirumala Tirupathi Devashanams Employees Service Rules, 1989, Rules, 11, 1, 2 and 3 - Mandamus - Appointment - Relaxation - Termination - On account of respondents being overage and not eligible for appointment - Merely because on two earlier occasions the appellants granted exemptions from eligibility criterion in respect of..........
Specific Relief Act, 1963, Section 28 -- Recession of contract - Extension of time - Suit for specific performance of agreement - Decreed - Judgment debtor directed to execute sale deed in favour of decree holder on payment of balance sale consideration within a period of three months from the date of decree - Execution filed by decree holder after two years for execution..........
