Criminal Procedure Code, 1973, Section 160 -- Attendance of witnesses - Power of police officer - S.160 Cr.P.C states that a police officer investigating a case can require attendance of any person who is residing within limits of his own police station or any adjoining police station and who appears to be acquainted with facts of case under investigation - In the instant..........
Criminal Procedure Code, 1973, Section 41A -- Notice of appearance before police officer - No material on record on basis of which it can be concluded that credible information is available with investigating agency on basis of which petitioner could be nominated as an accused - For this reason, as well as on account of fact that said notice was issued during pendency of..........
Civil Procedure Code, 1908, Section 80(2) -- Suit against Government - Leave of Court to institute suit without serving notice u/s 80(1) CPC - If a person who is or who has been in lawful possession of a property and is under a threat of being dispossessed, definitely, has a right to institute a suit and threat of dispossession is undoubtedly a circumstance which enables a..........
Civil Procedure Code, 1908, Section 80(2) -- Suit against government without issuing notice - Interim relief - Can only be granted when leave to institute suit against Government without notice is granted and then only interim relief can be granted after hearing the State - In the instant case interim relief granted when leave had been refused - Prior to grant of leave,..........
Special Marriage Act, 1954, Section 14, 5 -- Solemnization of marriage - Notice to Marriage Officer - Relaxation of three months statutory period of notice - Period prescribed for each of steps leading to solemnization of marriage warrants strict interpretation and there cannot be any relaxation even in a case where no objection was received on first notice and prescribed..........
Suit for recovery -- Suit for recovery of possession, damages and permanent injunction - Limitation - Suit filed in 2013 - Defendant/tenant contended that suit was barred by limitation as he was inducted tenant in 2009 and suit filed in 2013 - Contention rejected, as cause of action arouse only when notice dated 16.2.2013 was served on defendant qua which reply dated..........
Indian Penal Code, 1860, Section 498A, Criminal Procedure Code, 1973, Section 41A, 41(1)(b)(ii) -- Offence u/s 498-A IPC - There is to be no automatic arrest - Police Officers to satisfy themselves about the necessity for arrest under the parameters flowing from S.41-A Cr.P.C. - Police Officers to forward the check list, to be provided to them, duly filled and furnish the..........
Civil Procedure Code, 1908, Section 80, Order 14, Rule 1, 2 -- Suit against public servant - State not impleaded as a party - Objection as to maintainability of suit not taken by defendant in his written statement - However, in the absence of notice, suit is not maintainable against public servant - Trial Court should framed and decide the issue of maintainability of suit..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Non filing of written statement - Defendant loses his right to put forth his defence - However, such defendant is not debarred from cross examining plaintiff's witnesses and demolish plaintiff's case - He is also entitled to make such arguments and submissions on questions of law as plaintiff may not have..........
Service -- Voluntary retirement - Denial of - Employer contended that decision on application was taken on last date of expiry of period specified in notice i.e on or before 3 months - Contention rejected, as rejection for application for voluntary retirement itself is found to be illegal and bad in law, therefore said contention does not affect the ultimate conclusion..........
