Contempt of Court -- It is no rule of law and certainly not a statutory rule that a contemnor cannot be heard unless the contempt is purged...........
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Section , Order 9, Rule 6, Civil Procedure Code, 1908, Section , Order 14, Rule 1, Civil Procedure Code, 1908, Section , Order 20, Rule 5 -- Suit if proceeds ex parte and in absence of a written statement - Necessity of proof by plaintiff of his case to the satisfaction of Court - Cannot be dispensed..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15(1) -- R.15(5) of Rules framed under TADA - Confession - Should be sent immediately to CMM or Chief Judicial Magistrate - Rule is directory and not mandatory...........
Constitution of India, 1950, Article 226,227 -- East Punjab Holding (Consolidation &; Prevention of Fragmentation Act, 1948, Section 42 - East Punjab Holdings (Consolidation and Prevention of Fragmentation) Rules 1949, Rule 18 - Correction of mistake, committed by the consolidation authorities at the time of consolidation, by the Director of Consolidation after a period of..........
Land Acquisition Act, 1894, Section 4 -- Publication of substance of notification in the locality - Not necessary for Collector to personally authorise publication by beat of drum - One or other official can cause publication of substance in the locality - Publication of substance in the locality material factor - Publication by beat of drum made by cartsman - Plea that..........
Criminal trial -- Related witness - Credibility - (i) Merely a related witness is not a ground to reject the testimony of a witness if otherwise found to be trustworthy and reliable; (ii) Judicial approach has to be cautious in dealing with such evidence, but the plea that such evidence should be rejected because it is partisan, cannot be accepted as correct; (iii) If for..........
Indian Penal Code, 1860, Section 376 -- Rape - Corroboration - (1) Corroboration is required as a matter of prudence and this rule of prudence has now almost hardened into rule of law; (2) That the rule of prudence which has been hardened into rule of law is that the rule as to corroboration must be present in the mind of judge and must have been incorporated in the..........
Constitution of India, 1950, Article 226 -- Alternative remedy of election petition - Not absolute bar to exercise of jurisdiction under Article 226, particularly when election of a person patently contrary to notification - Election illegal - No hesitation to interfere in exercise of discretion notwithstanding alternative remedy not exhausted - Haryana Municipal..........
Constitution of India, 1950, Article 226 -- Challenge to appointment of Lambardar - High Court while exercising writ jurisdiction not to interfere in matter pertaining to appointment of Lambardar particularly when Revenue Authorities under Punjab Land Revenue Act have come to a particular conclusion about appointment of Lambardar keeping in view consistent view taken by..........
Civil Procedure Code, 1908, Section 2(2), 2(14), 96, 104, Order 43, Rule 1 -- Judgment styled as 'order' matters little - Order if fulfills conditions of definition of `decree' under Section 2(2) - Becomes appealable - Does not fall within Section 104 and only Section 96 is applicable - Orders not appealable are generally those which are processual i.e. interlocutory or..........
