Practice and Procedure -- Moulded relief - Grant of - Held, when relief otherwise awardable on date of commencement of suit would become inappropriate in view of changed circumstances, Courts may mould relief in accordance with changed circumstances for shortening litigation or to do complete justice...........
Indian Penal Code, 1860, Section 304 -- Culpable homicide not amounting to murder - Quack - Death of 9 months old baby - Accused administered glucose IV fluid to victim without having qualification or knowledge to do so - Accused had no degree to practice as a medical practitioner - He was quack and committed fraud upon victim by posing himself as a doctor and administered..........
Practice and Procedure -- Question of law - Held, drawing inference from facts established is not purely a question of fact - In fact, it is always considered to be a point of law insofar as it relates to inferences to be drawn from finding of fact...........
Practice and Procedure -- Constitution of Larger Bench - If Single Judge who had authored impugned judgment irrepressibly held divergent opinion and found it unpalatable, all that he could have done was to draft a reference to Hon'ble Chief Justice for purpose of constituting a larger Bench - Whether or not to accede to this request remains within discretion of Chief..........
Practice and Procedure -- Plea raised but wrongly mentioned in order that no other point was argued - Cannot be questioned before higher Court - An application must be filed before the same Court...........
Evidence Act, 1872, Section 133, 114 - - Approver - Universal practice is not to convict upon the testimony of an accomplice unless it is corroborated in material particulars - Evidence of an accomplice is regarded ab initio as open to grave suspicion - If suspicion which attaches to the evidence of an accomplice is not removed, that evidence should not be acted upon..........
Service -- Termination - Re-instatement with full back wages - Held, ordinary principle of grant of re-instatement with full back wages when termination is found to be illegal is not applied mechanically in all cases - While that may be a position where services of a regular/permanent workman are terminated illegally and/or mala fide and/or by way of victimization, unfair..........
Service -- Termination - Reinstatement - Daily wage worker - Termination when found illegal on the ground it was resorted to as unfair labour practice or in violation of the principle of last come first go viz. while retrenching such a worker daily wage juniors to him were retained and when persons junior were regularized under some policy but the concerned workman was..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Eviction - Bona fide requirement - Respondent/landlord required premises for office of son who has passed LLB examination and started his practice and wants to operate his office under guidance of his other family members who are advocates - Factum of his becoming advocate and practicing is not denied by petitioners/tenants..........
Civil Procedure Code, 1908, Section 149 -- Deficient Court fee - Provision of S.149 empowers Court to retrospectively validate insufficiency of stamp duties etc. - It is usual practice that Court provides an opportunity to the party to pay court fee within a stipulated time and on failure of which Court dismisses the appeal - It is usual practice of Court to use the..........
