Service -- Family pension and other terminal benefits - Denied as employee was not holding permanent status in service - CAT held that though deceased was not holding a permanent status in service, yet respondent was entitled to benefits by treating deceased to have been regularised on date of his death - High Court dismissed writ petition holding that since respondent had..........
Constitution of India, 1950, Article 227 -- High Court - Superintendence over Subordinate Courts and Tribunals is both administrative and judicial which can be exercised suo motu also - While exercising such power High Court cannot influence the subordinate judiciary to pass any order or judgment in a particular manner - Extraordinary power under Article 227 can only be..........
Civil Procedure Code, 1908, Section 11 -- Specific issue framed regarding title in the earlier suit for permanent injunction - Question of title decided - Subsequent suit for possession by way of partition - Decreed relying on judgment of earlier suit - Finding on title in earlier suit rightly relied by Court below...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of operation of Judgement - Restoration of possession - Warrant of possession with stipulation regarding withdrawal, if stay granted in appeal - Possession delivered - Operation of Judgment stayed subsequently - Benefit taken under the judgment has to be restored - Decree holder directed to restore possession...........
Civil Procedure Code, 1908, Order 9, Rule 6, 13, Civil Procedure Code, 1908, Order 8, Rule 5, 10 -- Defendant sought adjournments from time to time to file written statement - Defendant thereafter failed to appear - Proceeded ex parte - On the adjourned date Court can proceed to decide suit ex parte after recording the plaintiff's evidence - Such judgment and decree is a..........
Alibi -- Plea even if not proved, court shall not record a judgment of conviction unless prosecution is found to have established its case...........
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..........
