Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of objections filed in consolidation proceedings - Amendment application filed at very belated stage after 19 years from the date of filing of such objections - Evidence in said proceedings was closed - Amendment allowed without considering O.6.R.17 Proviso CPC - Moreover, facts mentioned in amendment application..........
Indian Penal Code, 1860, Section 336 -- Offence u/ss 336 IPC - Vicarious liability - Neither in investigation nor in evidence of complainant it has come on record that Hospital or its directors were involved in larger conspiracy or that they committed the offence with requisite mens rea required for offence alleged - Impugned order of summoning and proceedings pursuant..........
Arbitration and Conciliation Act, 1996, Section 37(2)(b), 17 -- Appeal - Interim order - Tender process - Auction bid - Tribunal vide its interim order granted right of first refusal (ROFR) by matching lowest bid to respondent - However, exercise of said right would come into play only if respondent participated in tender process pursuant to notice inviting tenders from..........
Service -- Appointment - Relaxation of educational qualification - Challenge as to - High Court vide impugned order took the view that Corporation could not have relaxed educational qualification and granted liberty to Corporation to conduct fresh recruitment permitting appellants also to participate in selection process - However, by the time said judgment was rendered..........
Criminal Procedure Code, 1973, Section 482 -- Second FIR - Quashing - Second FIR based on new set of facts and new set of allegations and not based on old set of allegations as made in the first FIR - Prima facie case made out against accused - Impugned order of High Court quashing second FIR set aside and order of trial Court taking cognizance restored...........
Service -- Navy service - Pensionary benefits - Submarine pay - Appellants retired in 1983 - Navy Instructions of 1974 applicable to their case - As per said instructions Submarine pay was includable in basic pay for the purpose of computing Service pension of appellants - Appellants held, entitled to submarine pay - Impugned order of High Court denying submarine pay to..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 16 -- Striking off defence - Non-payment of maintenance amount by husband - No material produced by husband to prove that he paid the amount of maintenance and litigation expenses as per order passed by Family Court - Family Court thus, perfectly justified in passing an order to strike off defence of husband - However,..........
Practice and procedure -- Interlocutory order - Challenge as to - An interlocutory order which is not challenged in appeal or revision or by way of other remedies, can be challenged in appeal filed against final judgment or order...........
Wrong provision of law -- Non-mentioning or wrong mentioning of provision of law would not be of any relevance if Court has requisite jurisdiction to pass an order...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 233 days in filing appeals - Appellants were not made parties to original writ petitions and they became aggrieved by order passed in writ petitions - It was thus, a sufficient cause for condonation of delay within meaning of S.5 of the Act - Delay condoned - All intra Court appeals restored - Application..........
