Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Public prosecutor at any stage before judgment, can move Court for withdrawal of prosecution - Discretion to withdraw from prosecution is that of Public Prosecutor and none else...........
Civil Procedure Code, 1908, Section 105 -- Accepting or rejecting a document - Order as to - Not appealable - If an appeal is not provided, then such an order can be challenged in an appeal which is filed against the final judgment and decree - Finding that in absence of a revision challenging correctness of order passed by trial Court it would not be open to appellate..........
Criminal Procedure Code, 1973, Section 378(3) -- Appeal against acquittal - Judgment of acquittal by Trial Court - Leave to file appeal applied in High Court - High Court rejected application without speaking order - High Court has to pass a speaking order while dealing with an application for grant of leave...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2), Criminal Procedure Code, 1973, Section 378(3), 397, Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - Murder case - State filed application before High Court for grant of leave to file appeal - Private party filed revision against judgment of acquittal - High Court..........
Constitution of India, 1950, Article 136 -- Judgment of acquittal by High Court - Article 136 is a special jurisdiction - State did not file an appeal before Supreme Court - Private party can invoke jurisdiction of Supreme Court under Article 136 of Constitution of India - Appeal under Article 136 of Constitution is entertained by special leave granted by this Court,..........
Insurance claim -- Repudiation - Withholding of material information - Held that the alleged withholding of the material information must have something to do with the cause of death of insured - In the instant case the cause of death is accident - It has nothing to do with the alleged disease recorded in the history seat - Judgment of the District Forum allowing the..........
Punjab Public Premises and Land (Eviction and Rent) Recovery Act, 1973, Section 3, 4, 5, 7, Punjab Village Common Lands (Regulation) Act, 1961 -- Tenant vis-a-vis unauthorised occupant - Lease of Shamlat land - Eviction of unauthorised occupant of public premises - Gram Panchayat filed ejectment petition - Occupant of land claiming tenancy at will under Gram Panchayat -..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Maintainability of suit challenging consent decree - Suit by Trust through Chief Trustee - Resolution of Trust authorising Chief Trustee to compromise suit - Other Trustees signatory of resolution - Compromise entered among parties - Another suit filed by Trust for setting aside consent decree - Challenge on the ground that..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Application for recording a decree under O 12, R 6 - Defendant proceeded ex-parte - Ex-parte judgment and decree on admission of sum of Rs. 37, 24, 478/- passed - Application for setting aside ex-parte decree - Allowed by Trial Court with a condition to furnish security of Rs. 37 lacs in form of..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Fire accident - Consignment damaged - Surveyor appointed - Claim settled by paying the amount to second appellant after obtaining a `Letter of Subrogation', `Assignment' and `General Power of Attorney' - Complaint by insurer - Contention that complaint is maintainable in a consumer case based on the `Letter of..........
