Criminal Procedure Code, 1973, Section 190, 193 -- Cognizance of offence - Can only be taken once - In the event, Magistrate takes cognizance of offence and then commits the case to Court of Session, question of taking fresh cognizance of offence and thereafter proceeding to issue summons, is not in accordance with law...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(1) -- Rent and eviction - Denial of title of landlord or claim of permanent tenancy by tenant should be answered at first, before proceeding with application u/s 12 of the Act, otherwise, it will defeat valuable right of tenant to defend petition u/s 11(1) second proviso - Therefore, Courts are bound to..........
Service -- Interim relief under Narayana Kurup Wage Board as affirmed by Majithia Wage Board - Eligibility - 11 employees of appellant were declared ineligible for the interim relief - Objections of appellant in that regard not considered by High Court on the ground that same had not been taken/raised at the relevant point of time - High Court was not justified in refusing..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleading and proof - Joint Family property - Partition - Once partition in joint family is admitted, there is complete partition - Party who alleges the fact that a particular property was left out from partition has to plead and prove that said property was deliberately left out from partition to be retained as Joint..........
Succession Act, 1925, Section 284 -- Caveatable Interest - Law of intestate succession must be kept in mind, while determining the issue of caveatable interest - A reversioner or an agnate or a family member can maintain a caveat only when there is a possibility of his inheritance of property in the event of probate of Will is not granted - If there are heirs intestate who..........
Criminal Procedure Code, 1973, Section 202 -- Inquiry u/s 202 Cr.P.C. - Magistrate holding enquiry u/s 202 Cr.P.C. cannot call upon accused to participate in such inquiry or pose any question to him or his witnesses - It is only upon conclusion of such enquiry if Magistrate is satisfied on the basis of materials on record that there is sufficient ground to proceed against..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Report of local commissioner does not hold any efficacy, when local commissioner has no personal knowledge of suit land and did not conducted relevant exercise with respect to suit Khasra number possessing relevant musabi - Thus, mere estimation with respect to location of suit Khasra number made by..........
Electricity Act, 2003, Section 61, 62 -- Determination of tariff - In instant case issue is whether tariff decided by Board under the Act is applicable on arc furnace industries established before year 1995 who were exempted of surcharge - Post Act of 2003 determination of surcharge levied on companies was based on voltage supply - Held, examination of fixation of tariff..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff can initiate..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - If the issue relating to maintainability of suit in question is hit by S.10 of CPC and the said issue is taken up as preliminary issue to be decided, in that case if it is found correct, Court has only to stay proceeding of second suit, but the Court cannot dismiss second suit as a whole until first suit is decided...........
