Judgment - Part II

Print

1. Delay- Delay in filing the application for grant of probate

2. New Connection-Installation of electric meter

3. Scope of Writ

4. Fraud

5. Maintenance

6. Transfer: If the court is lying vacant

7. Representation

8. Dismissed for default on the ground of absence of the lawyer

9. Quashing

10. Quashing of a criminal proceeding

11. Bail- The order for payment of maintenance as a condition of bail whether unwarranted and illegal

12. DNA test report

13. Evidentiary value: Relationship of the witness whether affect credibility of a witness

14. Requisition meeting

15. Waging of war: The common purpose to cause a concerted attack on the Governmental machinery including police force

16. Change of teaching subject: Change of Teaching Group from Language to Social Science whether permissib

17. Quashing: Second FIR on the self-same incident whether maintainable

18. Quashing: Question of quashing whether depends on offence has been made out

19. Quashing: For considering the quashing of a case whether court is to see the allegations made in the F.I.R.

20. List of witnesses: In a case under the Prevention of Corruption Act

21. Transfer: Accused whether pray for transfer of the case as the court is lying vacant

22. Defence evidence: An accused whether be deprived to adduce evidence in his defence

23. Quashing: Question of quashing whether depends on the face of allegations made in the FIR

24. Summons Case: Personal appearance being dispensed with whether his Counsel may be permitted to take on his behalf

25. Transfer: A witness whether has locus standi to seek direction for transfer of the trial to another court

26. Quashing: Criminal case whether be quashed because civil remedy is available

27. Curtailment of right: On the basis of apprehension whether the legitimate right of the private respondent can be curtailed

28. Precedent: Earlier judgment on identical facts and law whether should be followed

29. Child Evidence: The evidence of a child witness whether required to be rejected

30. Revision: Whether the High Court can examine concurrent findings of facts in its revisional jurisdiction

31. Investigation: Whether a Magistrate can direct the Investigating officer to conduct further investigation

32. Re-examination

33. Trial: Under Section 143 of the Negotiable Instruments Act

34. Framing of charge

35. Marriage: A Hindu marriage solemnized under Hindu Marriage Act

36. Territorial jurisdiction

37. Bail: Whether it is permissible for a Court even after finding a case for bail has been made out

38. Delay

39. Trial: Whether little contradictions and/or anomalies in evidence can per se upset the conviction

40. Power of appellate authority

41. New connection: The legality of an occupier of a premises cannot be a ground for refusal to supply electricity

42. Transfer of suit: Whether a suit can be transferred under Section 24 of the Civil Procedure Code

43. Preemption: Whether the West Bengal Land Reforms Act is applicable in the area where Urban Land (Ceiling and Regulation) Act is applicable

44. Rape: A finding of guilt in a case of rape can be based on the uncorroborated evidence of the prosecutrix

45. Compassionate appointment

46. For the retiral benefits arising out of service one is not required to establish that he is an Indian.

47. Unnecessary observation- Court while disposing of bail application whether can observe that defacto

48. Cognizance: Whether court can take cognizance on the basis of charge sheet filed

49. Quashing-Criminal case whether can be quashed for non-availability of F.S.L. report

50. Quashing: Criminal case whether can be quashed if the conflict is a pure question of fact

51. Quashing: Criminal prosecution whether can be quashed

52. Conviction-----Revision order of conviction and sentence

53. Provisional assessment----Order of final assessment passed

54.Overpayment of retirement benefits------Recovery of payment made to the petitioner without any opportunity of hearing

55. Overpayment of retirement benefits

56. Overpayment of retirement benefits

57. Electric connection ----petitioner’s application for electricity through separate line and meter

58. Compassionate appointment-----Father-in- Law of the appellant was a government servant and died in harness

59. Appointment -----Assistant teacher primary

60. Appointment----Lecturer in a non-governmental college

61. Disciplinary Proceedings----Charge sheet to the petitioner, followed by a disciplinary proceeding

62. Recovery of Overpayment

63. Violation of Administrative letter----Administrative letter, whether Writ lies for violation thereof

64. Grant of lease in Salt Lake ----Lease deed containing a clause relating to non-transferability of the lease hold plot

65. Compassionate appointment ----Director Of Health Service, if can overturn his predecessor’s order

66. Duty of Police----Failure to discharge responsibilities and duties on the part of the Petitioner

67. Belated payment of gratuity-----Petitioner whether can claim interest from the Respondent for such belated payment

68. Belated payment of gratuity-----Petitioner whether can claim interest from the Respondent for such belated payment

69. Status Report----Death of the son of the Petitioner

70. Belated payment of gratuity-----Petitioner whether can claim interest from the Respondent for such belated payment

71. Belated payment of gratuity-----Petitioner whether can claim interest from the Respondent for such belated payment

72. Belated payment of gratuity-----Petitioner whether can claim interest from the Respondent for such belated payment

73. Fundamental Rights ----Delay of 19 years-----Fundamental Rights if can be ascertained even after an inordinate delay

74. Lack of Evidence----Criminal appeal-------Evidence-----Appellant convicted by the Trial Court

75. Meter in Autorickshaw----Appeal--- Constitutional validity of sub-rule (4) of Rule 120 of the West Bengal Motor Vehicles Rules, 1989 challenged

76. Contempt of court ----Order passed in 2004 directing the Chairman, Cycle Corporation of India Ltd. to give a decision within six weeks

77. Regularization of service------Appointment as a temporary teacher by the school

78. Blacklisting-----Inclusion of names in Specific Approval List if amounts to blacklisting

79. Transfer of Lease----Transfer of leasehold land in Salt Lake, Bidhan Nagar

80. Injury to the Petitioner----Petitioner attacked by the leopard while discharging his official duties

81. Family pension-----Petitioner’s deceased husband was a primary school teacher

82. Recovery after retirement-----Recovery of payment made to the petitioner without any opportunity of hearing

83. Belated gratuity payment

84. Belated Gratuity Payment----Whether the Petitioner can claim interest for belated payment of gratuity

85. Recovery of Payment-----Recovery of payment made to the petitioner without any opportunity of hearing

86. Suspension----Petitioner in custody for more than 48 hours

87. Murder---Death of the victim

88. Recall of witness----Accused Petitioner facing trial under Section 366A and 376 of the Indian Penal Code

89. Investigation------Whether the Magistrate can monitor an investigation

90. Trial ---Delay occurred in commencement of trial due to pendency of revision in High Court

91. Dismissed for default----Absence of lawyer at the hearing of Criminal Appeal

92. Quashing of a charge sheet-----Charge sheet filed under Section 401 of Kolkata Municipal Corporation Act

93. Quashing of Criminal case----Pendency of matrimonial suit

94. Amendment----Quashing of the proceeding---- Dishonor of cheque

95. Maintenance------Petitioner refused to live with husband

96. Defence struck of- Whether mandatory or director

97. Production of document: Whether Court can direct production of document, which are not relevant

98. Local inspection- Local inspection for non-suit property whether permissible

99. Jurisdiction- Dowry articles were received by the accused persons within the jurisdiction of the Court

100. Second Complaint

101. Dismissed for default----Absence of lawyer at the hearing of Criminal Appeal

102. Quashing of a charge sheet-----Charge sheet filed under Section 401 of Kolkata Municipal Corporation Act

103. Quashing of Criminal case----Pendency of matrimonial suit -----Presence of criminal elements in the petition of complaint

104. Amendment----Quashing of the proceeding---- Dishonor of cheque

105. Maintenance------Petitioner refused to live with husband

106. Defence struck of- Whether mandatory or director

107. Production of document: Whether Court can direct production of document, which are not relevant

108. Local inspection- Local inspection for non-suit property whether permissible

109. Jurisdiction- Dowry articles were received by the accused persons within the jurisdiction of the Cour

110. Second Complaint: The earlier complaint is dismissed without assigning any reason

111. Defence evidence

112. Maintenance- Scope of Second revision

113. Expunging of Evidence- Witness failed to be cross examined

114. Anticipatory bail- Condition imposed in granting anticipatory bail to pay maintenance to the wife whether proper

115. Genuineness of document

116. Voluntary retirement

117. Panel: Initiation of second selection process

118. Enquiry after retirement: Employee retired on attaining superannuation

119. Disciplinary proceeding: Court finds that the main charge is not established

120. Admission: Examination for admission in class V for the students passed class IV

121. Compensation: Determination of valuation as per letter of District Sub-Registrar

122. Criminal Trial: Minor discrepancies whether demolish the prosecution case

123. Investigation: A person approaching a Magistrate seeking redressal against certain police officers

124. Criminal Trial: Minor discrepancies whether demolish the prosecution case

125. SUCCESSION CERTIFICATE: Determination as to the dispute as to who are the heirs and legal representatives of the deceased

126. Residential certificate

127. FREEDOM FIGHTERS’ PENSION –A person who remained absconding for sixteen month

128. Promotion: Non communicated annual confidential report

129. Service: Person not having specialized qualificatio

130. Employment Exchange

131. State: Whether a writ can maintainable against a non government organization like ICICI Bank

132. Panel: Two different recruitment processes initiated at different times for filling up the separately notified vacant posts

133. Selection process

134. Compassionate appointmen

135. Scope of writ

136. Disciplinary proceeding: The employee acquitted by Criminal Court on merit upon conducting the tria

137. Scope of writ: Whether writ is maintainable against a private body

138. Signature by Partner: Each partner whether has to sign documents on behalf of the firm

139. Scope of writ: Whether a writ is maintainable against a private body

140. Scope of writ: Writ court whether direct the police authority to register F.I.R. except an exceptional case

141. Referee: Construction of the terms of employment require adjudication on evidenc

142. Second writ: Order passed in 1999

143. Supersession:

144. Selection- Selection of M.R. Dealership by the expertised authority

145. New connection: Distribution company having accepted the quotation amount

146. Summary trial

147. Quashing: If court finds no prima facie material

148. Condition of bai

149. Quashing: Criminal case whether can be quashed

150. Quashing: Disputed question of fact involved in the proceeding as to ownership of the land in question

151. Contradiction of witness: Court directed denovo trial from the stage of 251 of the code of criminal procedure

152. Quashing: At the stage of quashing whether court is required to examine and assess in detail the materials on record

153. Examination on recall: Witnesses whether can be recalled if examination of those witnesses are not necessary for just decision of the case

154. Discretionary Power – Power under Section 319 of the Code of Criminal Procedure

155. Quashing – Direction for initiating Departmental Proceedings against I.C & I.O. in criminal case

156. Quashing – Matrimonial Dispute – Petitioners were charged under section 498A of The Indian Penal Code

157. Quashing of FIR – FIR was lodged to counter blast the criminal case instituted against the de-facto complainant by the petitione

158. In-fructuous Order – Prohibitory orders passed by the Learned Magistrate

159. Quashing of charge sheet – Petitioners charged under section 376/511 of I.P.C.

160. Compounding of offence – Petitioner convicted and sentenced by trial court

161. Delay – Murder case not committed to Sessions Court for 15 years

162. Charge sheet – Charge sheet submitted by police was altered by the magistrate

163. 

164. Alternative remedy – Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002

165. Police protection – Writ petitioner a company issued a closure notice

166. Un authorized absence from duty – Member of Police Force

167. Appointment – Appointment letters were issued by the chairman of the municipality

168. Unauthorised Construction – Unauthorised Additional Construction

169. Mutation Of Assessment Records

170. Unauthorised Construction – Complain by the petitioner

171. Power Of Attorney – Holder of power of attorney files the complaint relating to an offence under section 138 of N.I. Act

172 .Compassionate Appointment – Elder Sister of the petitioner was a government employee who died in harness

173. Power of Attorney – Not stamped, if admissible in evidenc

174. Maintenance – Marriage admitted

175. Voluntary services – As an assistant teacher to a school

176. Money claim – Works done in 1988 as a carriage contractor

177. Recovery of amount – Petitioner was a school teacher

178. Recovery of amount – Petitioner was a school teacher

179. Recovery of amount – Petitioner’s husband was a school teacher

180. Recovery of amount – Petitioner was a school teacher

181. Recovery of amount – Petitioner’s husband was a school teacher

182. Recovery of amount – Petitioner was a school teacher

183. Recovery of amount – Petitioner’s husband was a school teacher

184. Criminal Contempt – Interference with process of the court

185. Compassionate Appointment – Deceased employee was not the sole bread earner of the family

186. Compassionate appointment – The father of the petitioner died in-harness

187. Appointment – Petitioner’s prayer for permitting him to participate in the selection process as an exempted category candidate

188. Appointment – As an exempted category candidate – Petitioner failed to produce the relevant certificate

189. Permit to take Examination – Petitioner did not submit the requisite application within the last date

190. Locus standi – Allegation of mis-appropriation of School Fund

191. Appointment – Permit him to participate in the selection process

192. Family pension – Kolkata Port Trust did not pay her on the ground that she could not prove that she was the wife of the deceased employee

193. Employment – Petitioner seeking mandamus for being employed after relaxation of age

194. Recovery of amount – Petitioner was a secondary school teacher

195. Recovery of amount – Petitioner was a secondary school teacher

196. Permit to take Examination – Petitioner did not submit the requisite application within the last date

197. Permit to take Examination – Petitioner did not submit the requisite application within the last date

198. Permit to take Examination – Petitioner did not submit the requisite application within the last date

199. Appointment – Petitioners claim that they were the organizer teachers of the school

200

201. Delay – Criminal case could not be proceeded – Petitioner to retire from service shortl

202. Cause of action – Whether same fact may act as a cause of action for lodging civil suit/proceedings and the criminal case too

203. Transfer of Cases – Whether a case can be transferred on the ground that both parties are residing at the jurisdiction of a different court

204. Motor Accident claim – Motor Accident Claims Tribunal rejected the said application

205. Quashing of F.I.R – Investigating has just commenced

206. Charge sheet – Cognizable and non-cognizable offence

207. Territorial Jurisdiction – Application for injunction - Ad interim injunction

208. Tender – Tender issued by Article 12 Authority – Challenge to the Tender Notification

209. Injunction, Jurisdiction: Suit for injunction filed on the basis of surrender of land by Bargadar and possession of the plaintiff

210.

211. Addition of party: Suit for specific performance of contract

212. Rejection of plaint: Suppression of material facts in the plaint alleged by the defendant

213. Murder- Ocular evidence supported the prosecution case-whether the mens rea is important

214. Quashing: - Delay in lodging F.I.R. whether per se a dent to the prosecution

215. Determination of Juvenility: Accused raised juvenility

216. Jurisdiction: Telecommunication message received by at Barasat

217. Jurisdiction: Misappropriation of property of Birbhum District Central Cooperative Bank Limited

218. Delay: Offence punishable under sec.420 I.P.C. whether can be quashed on the ground of delay

219. Public Servant, Quashing: Person remunerated by the Government on yearly contract basis whether a public servant

220. Determination of Juvenility

221. Compromise: A case under Sections 498A/313/406/34 of the Indian Penal Cod

222. Bail: The case involved an offence punishable under sec. 409 of the Indian Penal Code

223. Scope of Revision

224. Declaration, Limitation: Grand father of the plaintiff died in 1970

225. Internship training: Application for provisional registration certificate was submitted to the college

226. Disciplinary proceeding- Whether finding of criminal court binds the disciplinary authority if the charges of both cases are similar

227. Scope of Writ

228. Maintainability of Writ- Whether writ is maintainable against Bank

229. Scope of Revision - Whether revision lies if there is no miscarriage of justice

230. Appointment of Mutawalli

231. Power of attorney- Registered on a stamp paper of Rs.50/- without creating any interest

232. Scope of Revision - Whether revision lies if there is no miscarriage of justice

233. Valuation of Suit- Suit for recovery of possession

234. Abatement of Rent

235. Procedure for Trial- Offence under Section 302 Indian Penal Code

236. Land Acquisition

237. Reconnection of Electricity

238. Termination of Contract

239. Police Action-Whether Police authority can interfere in construction of building

240. Police Action- Whether writ is maintainable for inaction of the police authority

241. New connection-Order of Statusquo passed in a civil suit

242. Maintainability of Writ

243. Quashing- Proceeding under section 376 I.P.C.

244. Trial- Two cases out of murder of one person

245. Submersible Pump- Whether licensing authority is required to give connection to the submersible pump

246. Jurisdiction -Whether Single Administrative Member Bench of the Central Administrative Tribunal can decide the application on merits

247. Subsequent decision

248. Duty of Advocate- Whether an Advocate is required to be prima-facie

249. Authorised Officer-Document signed by the bank’s Advocate whether can be accepted

250. Maintainability of Writ-Whether writ court can direct the B.L.& L.R.O. to supply copy of record of right

251. Final Assessment- Provisional assessment paid with objection whether the assessing officer is to pass final assessment himself.

252. Vehicle owner’s Duty

253. Adducing evidence - Deletion of Order 18 Rule 17 A by the Amendment Act of 2002

254. Expert opinion- Party prayed for opinion of hand writing expert

255. Financer’s right

256. Evidence- Evidence closed as per the order of remand

257. Judicial review-Judicial review of administrative action of State by the writ court whether permissible

258. Jurisdiction- No part of the alleged cause of action arose within the local or territorial jurisdiction of the learned Judicial Magistrate

259. Compassionate appointment- Whether the authority can consider the rule which was not in vogue at the time of application for compassionate appointment

260. Concurrent finding- Concurrent finding of fact whether can interfere in second appeal

261. Scope of writ-Whether writ court can examine the correctness of the report of the D.L.I.T. for considering claim of recognision of a school

262. Disciplinary proceeding- Petitioner admitted his guilt

263. Delegation: Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

264. Scope of Writ-Property mortgaged by fraud or not

265. Satisfaction of decree-Decree has been fully satisfied with deposit of the decreetal dues and delivery of possession

266. Scope of Revision - No appeal preferred against final order

267. Scope of Revision- Injunction restraining purchasers from constructing building refused by both the courts

268. Scope of revision- Private complainant filed revision- Government has no right to appeal against the order impugned

269. Remand- The disputes raised by the parties are not purely questions of law but those are mixed questions of facts and law

270. Submersible Pump: Running submersible pump for extracting ground water without permission of authority

271. Scope of Writ- Alternative remedy lies whether writ maintainable

272. Scope of writ-Cancellation of work order whether can be set aside on the ground that it is vitiated by blatant arbitrariness

273. Local investigation-Defendant denied title of the plaintiff

274. Substitution-Suit for damages for malicious prosecution and for defamation

275. Analogous hearing-Analogous hearing of two appeals filed by two defendants against the one decree whether permissible

276. Injunction-Injunction on the basis of an agreement for sale without praying for specific performance of contract whether can be granted

277. Resjudicata, Sanction- Suit dismissed for default -Whether the principle of waiver and/or constructive resjudicata applies

278. Recounting: Court prima facie satisfied and directed for recounting whether proper

279. Circular-Participation without objection

280. Disciplinary proceeding- Delay

281. Quotation- Whether the licensing authority can issue second quotation and issue quotation for two transformers

282. Installment – Whether the licensee is obliged to grant installments for payment of assessed amount

283. Police Guard-Whether supply of police guards can be given on the allegations

284. Scope of Writ-Whether writ can be entertained challenging the notice issued

285. Judgment without reason- Appellate court set aside the reasoned order of the learned Trial Judge in a cryptic manner

286. Scope of Revision -Revisional court whether can re-appreciate the evidence in the suit

287. Scope of Revision -Revisional court whether can re-appreciate the evidence in the suit

288. Employment exchange-Whether court can direct for considering candidates along with those sponsored from Employment exchange

289. Written Statement-Whether written statement can be accepted by Court after expiry of period

290. Stamp Duty - Suit for specific performance of contract based on a receipt

291. Scope of Revision- Whether concurrent finding of courts that there is no urgency can be interfered in revision

292. Injunction –Court prima facie found that the plaintiff has no title

293. Abatement-If the defendant did not supply the names of the heirs of his brother and sister

294. Trial-Non examination of chemical analyst and/or the arms expert, per se, whether vitiate the trial

295. Maintenance- Magistrate considering evidence granted maintenance for the child

296. Breach of contract- Breach of a contract without intention to deceive

297. Scope of Revision-Whether revision can be entertained when there is no manifest error of law or procedural irregularity or failure of justice

298. Consent Order- Whether the authorities can turn around and refuse to grant relaxation in the experience clause

299. Compassionate Appointment-Whether authority is required to consider the report of the fact finding committee

300. Second Notice- Whether bank can proceed under s. 13 (4) without specifically disposing of the objection

301. Scope of Writ-Whether writ can be entertained for restoration of water supply during pendency of arbitral of proceeding

302. Addition of Party - Whether a transferee in violation of interim order of court

303. Stay of execution-Probate court being refused to stay the order

304. Commissioner’s report-Commissioner’s report whether sacrocent on the points or only a piece of evidence

305. Valuation date, Delegation of power

306. Amendment - Amendment of written statement without changing the nature and character of the suit

307. Rejection of Plaint- Without considering the arbitration clause of the deed whether rejection of application for rejection of plaint justified

308. Condition for Appeal- Deposit of amount for preferring an appeal to the Debts Recovery Appellate Tribunal

309. Succession certificate-Order granting the extension of succession certificate

310. Minor omission- Omission to have thumb impression on the injury report and in the absence of eye-witnesses whether conviction can be granted

311. Contempt- Whether on the disputed question of fact court can hold guilty of contempt

312. Possession- Taking possession the vehicle by the bank in terms of the default clause

313. Admissibility of evidence-Section 27 of the Evidence Act whether permits the court to take into evidence the whole statement of the accused

314. Delay- Delay in filing the complaint under section 138 of the N.I.Act

315. Appearance of accused- In a summon case whether the first appearance of the accused can be dispensed with

316. Cause of action- Whether court can try a case if no cause of action arose within its territorial jurisdiction

317. Analogous hearing- Two cases arises out of the self-same occurrence

318. Charge Sheet-In the absence of any specific allegation in the F.I.R

319. Dishonour of cheque - Whether a criminal case under Section 138 of the Negotiable Instruments Act for dishonour of a particular cheque

320. Jurisdiction- Whether after coming into force of the Industrial Disputes (West Bengal Amendment) Act, 2007

321. Presumption, Issue- Whether Court is justified in not presumed under Section 114 (e) of the Indian Evidence Act

322. Onus, Handwriting expert-Onus to prove tenancy whether lies on the party who claims tenancy

323. Onus, Handwriting expert-Onus to prove tenancy whether lies on the party who claims tenancy

324. Adoption -Document has been executed for giving and taking adoption whether it should bear the endorsement of the natural father of the boy

325. Penalty-Disciplinary proceeding- Disciplinary Authority wants to differ with the views taken by the Enquiry Office

326. Appeal - Whether appeal lies against the possession-cum-sale notice issued

327. Scope of Revision- Trial court allowed the application for restoration on consideration of the evidence adduced by the defendant

328. Execution- Decree affirmed up to Apex court whether can be challenged in executing court alleging the decree obtained by fraud

329. Compassionate appointment- Compassionate appointment claimed by the son after attaining majority after lapse of considerable period whether can be granted

330. Appointment -Whether appointment can be denied on the ground of pendency of criminal case

331. Scope of Writ- The claim interest and other financial reliefs for the alleged negligence of the respondent

332. Outstanding due- When nexus is proved between the defaulting consumer and the petitioner whether the petitioner is bound to pay the defaulting amount

333. Outstanding due- When nexus is proved between the defaulting consumer and the petitioner whether the petitioner is bound to pay the defaulting amount

334. Rejection of plaint- Suit not barred by any provision of any Act

335.Addition of party- Newly elected office bearers whether should be added as a party though the relief sought for in respect of earlier year

336. Addition of party – After the exparte preliminary decree whether party can be added on the ground of devolution of interest

337. Recalling of order: After surrender of accused person whether the Magistrate can recall his order of impounding

338. Transfer: Before completion of investigation remand proceeding whether can be transferred by invoking inherent jurisdiction


Source: Official Website of WBJA, Last Updated on 14-11-2017

© Official website of WBJA, India