Civil Procedure Code, 1908, Order 9, Rule 13, Constitution of India, 1950, Article 227 -- Ex parte decree - Setting aside - High Court while setting aside ex parte decree commented upon legality and validity of judgment and decree passed by trial Court - Before considering judgment and decree on merits and/or expressing anything on merits on legality and validity of..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 20 -- Revision - Scope - As per S.20(1) of the Act, where appellate authority empowered u/s 18 of the Act is a subordinate Judge, the District Court and in other cases the High Court, may, at any time, on application of any aggrieved party, call for and examine the records relating to any order passed or..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(10)(15) -- Quashing of proceedings - Attempt to murder - High Court while quashing proceedings not discussed the allegations made against accused - There is no independent application of mind by..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Revisional Court has to only consider correctness, legality or propriety of any finding inter se an order and as to regularity of proceedings of any inferior Court...........
Protection to life and liberty -- Live-in-relationship - Both the petitioners are major - However, petitioner no.1 is already married and not legally divorced from her husband - Without commenting upon legality of relationship or expressing any opinion on merits of case, Court deems it appropriate to dispose of petition with direction to respondent no.2 to consider..........
Protection to life and liberty -- Petitioners being major performed marriage against the wishes of their parents - However, they concealed vital information regarding earlier marriage of petitioner no.1 - Relief of protection of life and liberty guaranteed u/art 21 of Constitution cannot be denied to a citizen merely because he happens to commit an offence punishable..........
Constitution of India, 1950, Article 226, 227 -- Writ petition - Order of Tribunal - High Court in exercise of powers u/art 226 of Constitution was required to have independently considered legality and validity of order passed by Tribunal which was under challenge before it - Neither any submission on merits is recorded nor is there any discussion on merits of matter on..........
Rent and Eviction -- Sub letting - Rent Controller dismissed the petition - Appellate Tribunal reversed the decision - High Court in a petition under Article 227 of the Constitution tested the legality of order of Tribunal through the lens of an appellate body and not as a supervisory Court, which is impermissible - Finding of High Court that appellate forum's decision was..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Statement of sanctioning authority has been recorded as PW99 - Matter is pending trial - Court feels to abstain from making any comment as legality shall be adjudicated by trial Court after final arguments are heard - Since there are no legal grounds to interfere in the course of trial, petition..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonor of cheque - Presumption - Appeal against acquittal - No valid documentary evidence produced by complainant for substantiating legality or existence of any legally enforceable debt or other liability on part of accused - Even, said debt/liability is not reflected from relevant balance-sheet which was..........
