Civil Procedure Code, 1908, Order 38, Rule 9 -- Kerala Civil Rules of Practice, 1971, R.185 - Withdrawal of attachment - Conjoint reading of O.38.R.9 CPC and R.185 of Kerala Civil Rules Practice, 1971 makes it crystal clear that communication to registering authority shall be made with due application of mind, without delay, otherwise it would adversely affect rights and..........
Representation of the Peoples Act, 1951, Section 100, 123 -- Election - Recounting of ballot papers - Court directed for recounting of ballot papers on ground of illegal counting with duplicacy in casting of votes - Election petition does not disclose any specific case of irregularity - Rejection of votes because the voters put their thumb impression instead of putting the..........
Practice and procedure -- Plaintiff has to prove his case to the satisfaction of Court - He cannot succeed on the weakness of the case of defendant...........
Practice and Procedure -- Person who seeks equity must do equity...........
Practice and procedure -- Statements - recorded during police inquiry u/s 161 Cr.P.C and FIR cannot be looked into to determine any fact...........
Practice and procedure -- Procedural law - Is handmade of justice and should not be denied on technicalities...........
Practice and procedure -- Single application seeking two reliefs - Both the relief not considerable together simultaneously - One alone can be allowed or rejected as latter is consequent on the former and it can be considered subsequently - It is just and proper to consider the first one and reject the other - It is not just or proper to dismiss both reliefs, merely on..........
Chartered Accounts Act, 1949, Section 21(3) - - Schedule-I of Part-IV - Misconduct by Chartered Accountant - Sale of 100 shares by respondent in his own name - Disciplinary Committee found Chartered Accountant guilty of practice, which is not in his professional capacity as per Schedule-I of Part-IV - High Court failed to consider said fact - Impugned order of removal of..........
Practice and procedure -- Writ proceedings - Findings of fact recorded by inferior Court or Tribunal as result of appreciation of evidence - Cannot be reopened or questioned in writ proceedings...........
Practice and procedure -- Use of abbreviation `VOD'- Abbreviation `VOD' is not in legal parlance but perhaps purports to mean "Vide Order Dated" - District and Sessions Judge concerned directed to advise all judicial officers not to use such like abbreviation in official correspondence...........
