Hindu Succession Act, 1956, Section 6, 8 -- Succession - Grandfather of plaintiff died after commencement of Act, but property was his self acquired property - He was not a coparcener of Hindu Mitakshara Coparcenary - Application of S.6 of the Act therefore, does not arise, since there was no coparcenary at all - Rule governing succession is only S.8 of the Act...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Rule of amendment is essentially rule of justice, equity and good conscience and it has to be exercised in larger interest of doing complete justice to parties - All bona fide amendments necessary for determining issue between parties should be allowed - First part of R.17 CPC gives directions to Court,..........
Poona University Act, 1974 -- Interpretation - Where the words of a statue are absolutely clear and unambiguous, recourse cannot be had to the principles of interpretation other than literal rule - Language employed in a statue is the determinative factor of legislative intent...........
Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 7 -- Punjab Civil Services Rules, Volume II, Chapter 2, R.2(b) - Departmental proceedings - If not instituted against employee prior to retirement can be instituted post-retirement only in respect of an event which took place not more than four years before institution of such proceedings - Explanation to..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - If additional evidence is essential for just decision of case, it can be allowed at any stage of the suit - There is no hard and fast rule that additional evidence cannot be permitted in any eventuality after closing of evidence by defendant and at the stage of rebuttal evidence...........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Accused convicted - Conviction based only on last seen evidence - Only last seen evidence proved against accused, which is not based on eye witness count - In the case of circumstantial evidence, there has to be ample number of circumstances so complete as to rule out any other possible hypothesis..........
Punjab Entertainment Duty, 1955, Section 10A, 12, Punjab Entertainment Duty Rules, 1956, Rule 17 -- Duty - Prescribed authority has been given power to proceed to levy entertainment dury within period of five years from date duty become payable - Rule 17 provides that notice issued for assessment shall not relate to perior prior to five years from date of issuance of..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Testimony of police officer - Weapon of offence recovered and seized on the disclosure of accused from a pond, while they were in police custody - Testimony of police witness in respect of said recovery cannot be rejected solely because he was a policeman, as S.27..........
Jammu and Kashmir Public Safety Act, 1978, Section 8 -- Preventive detention - Authorities while exercising power under the Act have to strictly follow the rule of law and any lapse on part of detaining Authority in not following proper procedure and not respecting safeguards available to detenue, renders order of detention invalid and desired object get defeated...........
Civil Procedure Code, 1908, Order 44, Rule 3 -- Appeal - Presentation of appeal as an indigent person by the appellant in person - Declared as unnecessary and unenforceable as a rule of procedure...........
