Civil Procedure Code, 1908, S.4(1)–Special or Local Law-Applicability of CPC– Held; whenever there is a special, local, or other law which deals with any matter specified in the Code, those laws will continue to have full force and effect notwithstanding that they deal with the same matter as is contained in the Code of Civil Procedure
(2016) 161 AIC 157 : (2016) AIR(SCW) 1213 : (2016) AIR(SC) 1213 : (2016) AllSCR 1820 : (2016) 1 BBCJ 516 : (2016) 3 CalHCN 126 : (2016) 3 CalHCN…
These facts manifest abuse of appellant’s position as public servant obtaining valuable thing and pecuniary advantage for himself–Co-accused appellant Neera Yadav is associated in each and every aspect of these events which clearly bring home the charge of conspiracy of both the accused-Conviction upheld.
(2017) 100 ACrC 960 : (2017) 177 AIC 79 : (2017) 4 AICLR 201 : (2017) AIR(SCW) 3772 : (2017) AIR(SC) 3772 : (2017) AllSCR(Crl) 1537 : (2017) CriLJ…
Service Law-Compassionate Appointment-Family Pension wife got compassionate appointment on seek of her husband—Thereafter she remarried and left her children with her father—As per rules appointment could have been terminated but
(2017) 2 LawHerald(SC) 1702 : (2017) 3 LLJ 760 : (2017) 4 SCT 541 SUPREME COURT OF INDIA DIVISION BENCH SMT. PREMLATA ACHARYA — Appellant Vs. SUMAN ACHARYA — Respondent ( Before…
Service Law-Postal Delay-Delay in receipt of application by appointing authority-Unexplained delay often days by portal department in dispatch of application sent by speed post-Application received one day after prescribed day—Direction issued that application of petitioner not to be rejected on ground of delay of one day in receipt of application.
(2017) 2 LawHerald(SC) 1701 : (2017) 4 SCT 539 SUPREME COURT OF INDIA DIVISION BENCH ASHUTOSH AGNIHOTRI — Appellant Vs. HIGH COURT OF MADHYA PRADESH — Respondent ( Before : Madan B. Lokur…
Contempt of Courts, 1981, S.10–Proving of innocence–ln contempt proceedings, the contemnor has to be given an opportunity to establish his innocence
(2017) 178 AIC 141 : (2017) ALLMR(Cri) 3542 : (2017) 2 LawHerald(SC) 1699 : (2017) 8 Scale 385 SUPREME COURT OF INDIA DIVISION BENCH RAJIV DAWAR — Appellant Vs. HIGH COURT OF DELHI —…
That the Shiksha Mitras were never appointed as teachers as per applicable qualifications and are not covered by relaxation order under Section 23(2) of the RTE Act, they could not be appointed as teachers—-mandatory qualifications cannot be dispensed with. Regularization of Shiksha Mitras as teachers was not permissible.
(2017) 8 ADJ 173 : (2017) 4 AllWC 4037 : (2017) 124 ALR 31 : (2017) 3 ESC 570 : (2017) 3 HLT 226 : (2017) 7 JT 321 :…
Transfer of Property Act, 1881, S.60–Redemption of Mortgage-Under Order 34 CPC, the mortgagor can offer to pay at any time but before confirmation of sale–The sale having been confirmed before institution of the Suit for redemption, no right of redemption of the mortgage survives—Civil Procedure Code, 1908, O.34, R.1.
(2017) 176 AIC 264 : (2017) AIR(SCW) 3069 : (2017) 5 AIRBomR 81 : (2017) AIR(SC) 3069 : (2017) 5 ALLMR 459 : (2017) 124 ALR 200 : (2017)…
Arbitrator-Appointment of—Once the person who was required to arbitrate upon the disputes arisen under the terms and conditions of the contract becomes ineligible by operation of law, he would NOT be eligible- to nominate a person as an arbitrator.
(2017) AIR(SCW) 3889 : (2017) AIR(SC) 3889 : (2017) AllSCR 1633 : (2017) 4 ArbiLR 268 : (2017) 7 JT 17 : (2017) 3 LawHerald 2284 : (2017) 2 LawHerald(SC) 1638 :…
Eviction-Bonafide requirement of landlord concurrently upheld by court— Merely because another view is possible in exercise of the revisional jurisdiction, the High Court cannot upset the factual findings.
(2017) 178 AIC 147 : (2017) 3 ARC 19 : (2017) DNJ 897 : (2017) 3 JCR 202 : (2017) 8 JT 109 : (2017) 3 LawHerald 2282 : (2017) 2 LawHerald(SC) 1636 :…
Indian Penal Code, 1860, S.302 & S.34–Murder–Common Intention-Overt Act-lf common intention by meeting of minds is established in the facts and circumstances of the case, there is no need to prove overt act or possession of weapon, to establish common intention.
(2017) 101 ACrC 278 : (2017) 178 AIC 153 : (2017) 3 AICLR 685 : (2017) AIR(SCW) 3588 : (2017) AIR(SC) 3588 : (2017) ALLMR(Cri) 3543 : (2017) 2…