Under Art.136 of the constitution – Or.21, rule 89 C.P.C. – Duty of court to determine the amount payable by Jdr after auction done – amount determined belatedly – Jdr is not responsible – giving an opportunity to the Jdr by High court to pay the determined amount to set aside the sale – is … Continue reading
Whether the second wife married during the life time of first wife can file a maintenance case under sec. 125 Cr.P.C. – yes , if she was kept in dark about first marriage = the judgments of this Court in Adhav and Savitaben cases would apply only … Continue reading
Grounds for cancellation of Bail :- 1. Kunwar Singh was involved in a number of cases including four shown pending in the Gang Chart including one for murder and another for rape. 2. Moreover Respondent no.2 is involved … Continue reading
Bonafide mistake in not furnishing the required information to the High Court may not amount to contempt of court – Apex court set aside the orders of High court = . Before we part with this topic, we would like to refer to one aspect … Continue reading
Under sec.482 of Cr.P.C. the appellant High court can dispose the appeal on merits even in the absence of appellant or his lawyer and even with out appointing amicus curiae in a routine manner in case of where the appellant after obtaining bail or exemption from surrender – escaped from appearing while the appeal was posted for … Continue reading
As per the Negotiable instrument Act – a penalty should be imposed twice the cheque amount but not more than that. Section 357(3), Cr.P.C no application in cheque bounce case. Court can impose sentence or fine or both. Appellant/ Revision court has got jurisdiction to convert the sentence into fine = The lower court sentenced 6 months imprisonment … Continue reading
Bar Licence – not granted = Rule 8 of the West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003 (hereinafter referred to as “Rules of 2003”), as amended in the year 2004. … Continue reading
Sec. 354 outrage the modesty of women is to be considered stringy, no lenient view should be taken while granting punishment – Due to delay of 18 years, the accused is not entitled to any benefit under the provisions of Probation of Offenders Act, 1958 – No lenient view The provisions of Section 354 … Continue reading
Service matter = Doctrine of proportionality in punishment – Enter office forcibly in intoxication mood – removed from service – correct – the High Court has found the penalty of removal from service to be disproportionate to the nature and gravity of his misconduct. Thus, – invoking the doctrine … Continue reading
Since the penalty was imposed by Board itself which is an appellant authority, it’s orders are not correct as per the regulations of Electricity Act as the employee was deprived of his appeal right ; = whereby the Division Bench has affirmed the judgment dated 23.9.2010 passed by the State Public Service Tribunal, Lucknow, (for short “the tribunal”) … Continue reading