Criminal trial -- Disciplinary and legal proceedings - Special Court while acquitting respondents under NDPS cases held that petitioner and other individual had committed irregularities while discharging official duties as public servant and directed Director General of Police to initiate appropriate proceedings against them u/O.35.R.6 of General Rules (Civil and..........
Criminal trial -- Castigating remarks by Court - Opportunity of hearing - Before any castigating remarks are made by Court against any person particularly when such remarks ensure serious consequences on future career of person concerned he should be given opportunity of hearing in matter in respect of proposed remarks or structures...........
Criminal trial -- Castigating remarks by Court - Special court passed adverse remarks against petitioner and another individual but petition was only filed by petitioner - Merely because individual does not raise a petition to get castigating remark expunged, like presented by petitioner, it cannot be said that castigating remarks passed by Court specifically against him..........
Criminal trial -- Castigating remarks by Court - Special court passed adverse remarks against petitioner and another individual but petition was only filed by petitioner - Court must ensure that fundamental right enshrined under Article 21 of Constitution must not be violated by not providing same relief to other individual...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Police aid - Trial Court besides restraining defendants from creating disturbance, also passed a positive order permitting plaintiff to construct house in question - As long as plaintiff is unable to construct his house, order of trial Court would be rendered ineffectual - It is duty of..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3 -- Application to examine LR of deceased plaintiff as a witness - Application dismissed on the ground that petitioner was impleaded as LR at the stage of defendant's evidence and evidence of plaintiff was already closed - However, since valuable rights of petitioner are involved in the case, it would be in the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a party asserts possessory rights, even to an inch of land, such a claim cannot be foreclosed at the threshold - Merits must be adjudicated after evidence is led - Whether such possession is legal, illegal, established, or otherwise defective is a matter for trial and not for summary rejection..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed questions of fact require full-fledged trial which cannot be summarily discarded at the gateway of O.7.R.11 CPC...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Non appearance in police station and thus violating condition of bail - In a situation wherein chargesheet has been filed and trial is in progress, direction to appear in police station is prima facie not tenable - Cancellation of bail merely on the pretext of non-appearance in police..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Once an issue has been finally decided, trial Court lacks jurisdiction to re-open or revisit the same...........
