Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Application filed after the entire witness action of plaintiff is concluded - If plaintiff succeeds in proving his principal issue there is absolutely no need and necessity for framing of additional issue which is sought to be framed after the trial has commenced - Plaintiff has analyzed and..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - A permanent injunction is an order of substance and ought to be treated as such...........
Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - Exemption from registration - In order to fall under the exception of S.17(2)(vi) of the Act, following conditions must be satisfied: (i) There must be a compromise decree as per the terms of compromise without any collusion; (ii) compromise decree must pertain to the subject property in the suit; and (iii)..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Setting aside order - Murder - Specific averments in FIR against all accused persons including respondents that all of them had set deceased on fire with an intention to kill him - High Court has erred in granting relief in a cryptic and mechanical manner without..........
Service -- Termination - Applications for voluntary retirement filed by respondents were kept pending by appellants for no reason till orders of termination were passed - Though conduct of appellants in not deciding the applications cannot be supported at all, but there was no reason for respondents to take recourse to absenteeism - Respondents have already reached the age..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First appellate Court has allowed the application U.O.41.R.27 CPC in a perfunctory manner, bereft of reasons as to why application has been allowed at appellate stage - Order allowing application set aside...........
Prevention of Money Laundering Act, 2002, Section 4 -- Offence u/s 4 of the Act - Quashing of summons - Merely because respondent has been discharged in predicate offence, Court cannot quash the summons - Questions as to whether the respondent would be arrayed as an accused or not, is a matter which has to be decided at a later stage - Order of quashing summons set aside...........
Constitution of India, 1950, Article 226, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, 483 -- Bail - Constitutional Courts can lay down the principles governing the grant of bail or anticipatory bail - However, Constitutional Courts cannot interfere with the discretion of Trial Courts by laying down the form in which an order should be passed while deciding bail..........
Adverse remarks -- Expunging of - High Court while granting bail made adverse observations against appellant a District and Sessions Judge, as appellant while dismissing bail application of accused did not incorporate details of antecedents of accused in prescribed tabular form as per directions of Para 9 of Jugal Kishore case - However, decision of said case cannot be..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Car accident - Damage to car - Car damaged due to accident and also short circuit following the accident - Appellant had a co-passanger at the time of accident and co-passenger needed immediate attention - He was rushed to hospital leaving the car in ditch which caught fire due to short circuit - Appellant was..........
