Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - High Court exceeded scope of review jurisdiction as if it was sitting in appeal over earlier judgment - To justify exercise of review jurisdiction, error must be self evident - Even assuming that there was no correct appreciation of facts and law in challenge to decision in earlier judgment, parties could be left to..........
Indian Penal Code, 1860, Section 405 -- Criminal breach of trust - Ingredients are : (i) A person should have been entrusted with property, or entrusted with dominion over property; (ii) That person should dishonestly misappropriate or convert to their own use that property, or dishonestly use or dispose of that property or willfully suffer any other person to do so; and..........
Service -- Banking service - Re-fixing of salary - Salary fixed of all officers of Public Sector Banks in a no, discriminatory manner keeping in view cost of living Index - High Court committed error in law by setting aside reduction in salary of respondent under re-fixation of salary - There is reasonable basis of reduction of salary - Moreover, there was no promise ever..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 20 -- Juvenile - Claim of juvenility - Offence u/s 304(Part II) IPC - Accused was a juvenile in conflict with law on the date of incident as per evidence available on record - He has undergone imprisonment for almost 3 years and he is nearly 51 years of age - Accused thus, released from custody on..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Agreement to sell - Interpretation of any terms and conditions of a document such as agreement to sell constitutes substantial question of law - High Court should first frame appropriate substantial question(s) of law then decide second appeal on merits...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Formulating substantial question of law - Even when findings of trial Court and First Appellate Court are perverse it is obligatory to first formulate appropriate substantial question of law then deal with the same after giving an opportunity of hearing to both sides...........
Land Acquisition Act, 1894, Section 41 -- Acquisition of land - Registration of deed of conveyance - Whether required - Once acquisition proceedings are initiated by Government on fulfillment of conditions referred to in S.41 of the Act on being published in Gazette u/s 42 of L.A Act, which became law, there is no further statutory requirement to register any deed of..........
Indian Penal Code, 1860, Section 498A, 406 -- Cruelty - Quashing of order farming charge - Allegation against mother-in-law and jethani - On the basis of charge sheet and material filed along with charge sheet Magistrate framed charges against accused - At the stage of framing of charge, Court is concerned only with prima facie materials presuming accused has committed..........
Companies Act, 1956, Section 439, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 18, 34 -- Winding up petition - At the instance of Secured creditor - A secured creditor's petition for winding up is maintainable u/s 439 of Companies Act, without any requirement of it having to give up or relinquish its security - However, this is in contrast..........
Agreement to sell -- Specific performance - Readiness and willingness - Finding of readiness and willingness - It is a finding based facts and once it is recorded, it becomes a binding of fact - Unless such finding is found to be against pleadings or contrary to evidence or law governing the issue, it is binding on High Court and also on Supreme Court...........
