Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981, Section (2) -- Detention order - Detaining authority relied on six cases registered against appellant which pertains to illicit manufacture of handmade liquor -..........
Civil Procedure Code, 1908, Section 151 -- Restoration of appeal - Dismissal of appeal due to non-furnishing of requisite Court fees - Opportunity was given to make good Court fee, but same was not complied with - Even application for restoration of appeal was not accompanied with requisite Court fee - Order of restoration of appeal set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be heard at the time of final hearing of appeal - First appellate Court allowed application without any reason in a perfunctory manner - Order allowing application set aside...........
Service -- Reinstatement - Respondent was employed on temporary basis for a fixed term of one year or till regular selection is made whichever is earlier - Nothing on record to demonstrate that appointment was made by following any known procedure for appointment to a public post - Respondent was disengaged due to shortage of work available - Tribunal was justified in only..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent driving - Modification of sentence - Incident is of the year 2013 - Eleven years have elapsed since incident occurred - Appellant is on bail throughout - He has deposited Rs.1 lakh to be payable to mother of deceased who is the sole legal heir - Conviction upheld - However, sentence of 3 months S.I. and also..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte interim injunction - Trial Court while granting ex parte interim order has not considered the three basic principles as per O.39.Rr.1, 2 CPC i.e prima facie case, balance of convenience and irreparable loss and injury - Impugned orders set aside - Matter remitted back to trial Court for fresh order...........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Court has restrictive and limited jurisdiction to interfere u/art 227 of Constitution except to set right grave dereliction of duty or flagrant abuse or violation of fundamental principle of law or justice...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court has restrictive and limited jurisdiction to interfere u/art 227 of Constitution except to set right grave dereliction of duty or flagrant abuse or violation of fundamental principle of law or justice...........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 102 -- Suit for declaration of title - Burden of proof - In a suit for declaration of title burden always lies on plaintiff to make out and establish a clear case for granting such a declaration and weaknesses, if any, set up by defendant would not be a ground to grant relief of declaration of title to..........
Criminal trial -- Prosecution cannot be allowed to improve its case as set out in the charge sheet...........
