CPC S. 11 – Res judicata – Suit property same – Reliefs prayed different – Does not bar.
Civil Procedure Code, 1908 (V of 1908), S. 11 – Res judicata – Suit for injunction filed by the present...
[SC] Criminal Proceedings – Doctrine of res ipsa loquitur stricto sensu would not apply to a criminal case as its applicability in an action for injury by negligence is well known.
Criminal Proceedings - Doctrine of res ipsa loquitur stricto sensu would not apply to a criminal case as its applicability...
Judicial review – Is not an appeal from a decision but a review of the manner in which the decision is made – Power of judicial review is meant to ensure that the individual receives fair treatment and not to ensure that the conclusion which the authority reaches is necessarily correct in the eyes of the court – The court/tribunal in its power of judicial review does not act as an appellate authority to re-appreciate the evidence and to arrive at its own independent findings on the evidence.
A three-Judge Bench has held that power of judicial review is not an appeal from a decision but a review...
Compassionate appointment – Object and purpose – application cannot be rejected on the basis of frivolous and for reasons extraneous to the facts of the case –
Compassionate Appointment - If the object and purpose of appointment on compassionate grounds as envisaged under the relevant policies or...
Judicial review – Departmental enquiry – High Court is not a court of appeal over the decision of the authorities holding a departmental enquiry against a public servant.
In the case of Nand Kishore Prasad , after considering other decisions of this Court on judicial review and the...
Judicial review – Administrative orders – Interference with the decision of departmental authorities is permitted if such authority had held proceedings in violation of the principles of natural justice or in violation of statutory regulations prescribing the mode of such enquiry while exercising jurisdiction under Article 226 of the Constitution.
Court held that interference with the decision of departmental authorities is permitted if such authority had held proceedings in violation...
Compassionate Appointment – authorities must consider and decide such applications not beyond a period of six months
Compassionate Appointment - Considering the object and purpose of appointment on compassionate grounds, i.e., a family of a deceased employee...
Compassionate Appointment – Conflict of view, as to whether the scheme/rules in force on the date of death of the government servant would apply or the scheme/rules in force on the date of consideration – On facts – Rules, which were applicable at the time when the deceased employee died and the appellant herein made an application for appointment would apply
Compassionate Appointment - Conflict of view, as to whether the scheme/rules in force on the date of death of the...
Suit – Premature filing of a suit – The question of suit being premature does not go to the root of jurisdiction of the court; the court entertaining such a suit and passing decree therein is not acting without jurisdiction but it is in the judicial discretion of the court to grant decree or not
Suit - Premature filing of a suit - The question of suit being premature does not go to the...
Suit – Premature filing of a suit
Suit - Premature filing of a suit - In our opinion, a suit based on a plaint which discloses...
Vithalbhai Private Limited v. Union Bank of India, 2005 PLRonline 0006
PLRonline printDownload SUPREME COURT OF INDIA R.C.Lahoti (CJI) , G.P.Mathur Vithalbhai Private Limited v. Union Bank of India Appeal (Civil)...
Cr.P.C. First Schedule , Part-II – Where the offence is punishable for imprisonment for three years, the offence shall be cognizable and non-bailable.
Cr.P.C. First Schedule , Part-II - If the offence is punishable with imprisonment for three years and onwards but...
Copyright Act, 1957 , S. 63 and 65 – Offence under Section 63 of Copyright Act is a cognizable and non-bailable offence
Copyright Act, 1957 , S. 63 and 65 - Offence under Section 63 of Copyright Act is a cognizable...
MVA 1988 S. 149(2) – Insurance company – Defences under.
Motor vehicles Act, 1988 – S. 149(2) - When an insurer is impleaded as a party respondent to the...
Senior Citizens Act S. 2(a) – Direction to Daughter-in-law to pay maintenance amount to aged Mother-in –law – Section 2(a), ‘children’ include son, daughter, grandson and grand-daughter and there is no reference to the daughter-in-law.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Section 2(a) - Direction to Daughter-in-law to pay maintenance amount...
