Civil Procedure Code, 1908, Order 9, Rule 10, 13 -- Ex parte order against dead person - Setting aside of - Respondents could not bring all legal heirs on record at relevant time - Application filed by petitioner for setting aside ex parte award/order passed against dead person - Held, such award will create further complication when same is put for execution by..........
Police torture -- Violation of human rights - Compensation by Constitutional Court - Cannot be refused merely for the reason that there is a alternative and adequate legal remedy - It would not be a sound exercise of discretion to refuse to interfere, unless there are good grounds made therefor. (Constitution of India, 1950, Arts.21, 226, Human Rights Act, 1993, S.30,..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Mistake or error apparent - By its very connotation signifies an error which is evident per se from the record of the case and does not require detailed examination, scrutiny and elucidation either of the facts or the legal position - If an error is not self-evident and detection thereof requires long debate and..........
Specific Relief Act, 1963, Section 34 -- Declaration - Relief of - Conditions to be satisfied : (i) that the plaintiff is entitled- (a) to any legal character; or (b) to any right as to any property; and (ii) that the defendant is a person who denied or is interested to deny his title to such character or right - If these conditions are satisfied, plaintiff need not ask..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Phrase "Association of Individuals" appearing in Cl.(a) of Explanation to S.141 - Held, it cannot be stretched to include all persons in discharge of whose liability cheques in a given case might have been issued - Term `Association of Individuals" must be taken as referring to an association which..........
Transfer of Property Act, 1882, Section 111, Civil Procedure Code, 1908, Order 20, Rule 19, Civil Procedure Code, 1908, Order 21, Rule 99 - - Partition suit - Final decree - Execution proceedings - Right of re-entry against tenant - Held, once execution court comes to the conclusion that claimants are indeed lessees it may not be correct or legal for Court to proceed..........
Criminal Procedure Code, 1973, Section 80, 71 -- Fugitive accused - Arrest and detention - Validity - Accused arrested on 16.03.2012 at 14.00 hours and produced before SP on same day at 20.00 - Thereafter, accused produced before Magistrate, New Delhi, on 19.03.2012 - Period of two days viz., 17.03.2012 and 18.03.2012 taken for transport for want of availability has been..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Held, it is settled legal position that in an acquittal appeal, Appellate Court is not required to re-write judgment or to give fresh reasoning when Appellate Court is in agreement with reasons assigned by trial Court acquitting accused...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non-substitution of legal heirs - Abatement - Neither any application for setting aside the abatement was submitted by heirs of the sole plaintiff nor any application to condone the delay has been submitted - Trial Court below straightway permitted the heirs of original plaintiff to be brought on record - Held, unless and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Revision - Respondent/complainant has specifically stated that legal notice was issued on petitioner/accused - In support of his contention, he has produced a copy of legal notice along with postal acknowledgement - Courts below have concurrently found that legal notice was properly served..........
