Practice and procedure -- Innovative arguments contrary to one`s own pleadings not allowed...........
Service -- Back wages - Petitioner was transferred to State of UP - Earlier he was posted in State of Uttaranchal and was relieved by Government of Uttarakhand in 2003 - However, he filed writ petition in 2006 and for three years he was awaiting posting orders - Petitioner started private practice and intentionally delayed decision on writ petition for almost 13 years -..........
Practice and procedure -- Plaintiff has to stand on his legs - Plaintiff cannot take advantage of the weakness of the case of defendant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Criminal Procedure Code, 1973, Section 154, Prevention of Corruption Act, 1988, Section 13(1)(e) -- Pre FIR stage enquiry - Offence u/s 13(1)(e) of the Act - Pre FIR stage enquiry is not only permissible but desirable, more particularly in cases where allegations are of misconduct of corrupt practice acquiring assets/properties disproportionate to his known sources of..........
Practice and procedure -- Procedural lapse - Remand of matter for re-consideration - Suit for permanent injunction - Where possession of plaintiff is not satisfactorily proved, no gainful purpose would be served in remanding matter for re-consideration only on account of procedural lapse committed by Lower Appellate Court...........
Consumer Protection Act, 1986, Section 2(1)(r) -- Unfair trade practice - Allotment of flat - Delay in handing over possession of flat - Condition in letter of allotment that in case seller failed to hand over possession in time, payment of compensation @ 2 per sq ft has to be paid to purchaser - If buyer failed to pay installments, he has to pay substantially higher rate..........
Practice and Procedure -- National Consumer Disputes Redressal Commission - Pronouncement of operative order but delay in passing reasoned judgment - Reasoned judgment be made available to litigating parties positively within a period of two months...........
Divorce by mutual consent -- Petition filed in pursuance of compromise by parties in mediation which was referred to in a pending proceedings and memorandum of settlement was recorded by Court - Thereafter wife cannot withdraw consent unilaterally - Held, once parties agree to file a joint petition, pursuant to an agreement/compromise in pending proceedings, then parties..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Death of deceased caused on spur of moment as accused was alleged to have disliked practice of deceased in serving parent of accused - However, it was accused who had taken deceased to hospital - Accused has no motive nor any intention of doing away with his wife - Dying declaration which has been..........
