Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit with liberty to file fresh suit - Court has no power to split prayer and allow withdrawal of suit without liberty to file fresh suit - Impugned order set aside - Application allowed...........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24(2), Land Acquisition Act, 1894, Section 31(2) -- Acquisition of land - Depositing of compensation amount in Court - No contingencies as contemplated u/s 31(2) of Land Acquisition Act arises for depositing amount in Court - Such deposit in Court which is..........
Civil Procedure Code, 1908, Section 151, 152, Order 23, Rule 3A -- Rectification/correction of compromise deed - Scope of Ss.151, 152 CPC is only to rectify the clerical error in the judgment - Scope cannot be extended to meet out the allegations of fraud in recording compromise and passing of consequent award on the basis thereof - If at all plaintiff is aggrieved by..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Process of Court cannot be utilized for collecting evidence for either of the party - Defendant would be at liberty to adduce substantive evidence to corroborate his line of action during trial - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Two reports u/ss 173(2), 173(8) Cr.P.C. contradictory in nature - There will be no question of dropping the case or treating the case as closed by the committal court - Powers of committal Court are limited in respect of the committal of a case - At the time of framing of charge, first and second reports can be..........
Motor Vehicles Act, 1988, Section 166 -- Composite negligence - Compensation - Wife of claimant deposed that center of front of both vehicles had struck against each other, her husband was driving car at high speed and was negligent to some extent - In absence of any rebuttal of deposition of wife, no error much illegality can be noticed in findings of Tribunal that..........
Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 7 -- Punjab Civil Services Rules, Volume II, Chapter 2, R.2(b) - Departmental proceedings - Action of authorities in appointing Enquiry Officer vide order is rather found to be in conformity of liberty granted by High Court while deciding earlier petition that had been filed by petitioner - While setting..........
Indian Penal Code, 1860, Section 354, 509, Criminal Procedure Code, 1973, Section 482 -- Sexual harassment at work place - While quashing FIR concerned department was impressed upon to close the departmental proceedings - Petitioner suppressed the material facts from Court - Order recalled - Concerned department, held, at liberty to proceed in accordance with law...........
Medical Termination of Pregnancy Act, 1971, Section 3, 5 -- Termination of 24 weeks pregnancy - Termination of pregnancy, which is necessary to save life of a pregnant woman is permissible - Finding of Medical Board that risk to petitioner of continuation of her pregnancy, can gravely endanger her physical and mental health - Petitioner granted liberty to terminate her..........
Arbitration and Conciliation Act, 1996, Section 11 -- Appointment of arbitrator - Pre-mature application - Clause 63 of Agreement between parties allowing 60 days time to Railways to respond to the demand of contractor for arbitration by sending a panel - However, respondent contractor without waiting for the said 60 days filed application u/s 11 of the Act - Application..........
