West Bengal Judicial Academy

Judgment - Part I

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1. It is for the plaintiff to decide how and in what manner she should live as she is the best judge of her requirement.

2. A pragmatic and humanistic approach is warranted if the accused is not able to reach the venue of the trial due to their physical incapacity arising out of his severe illness and old age and for other hardships

3. Right to defend in a trial by a lawyer of the choice of an accused is a very valuable right which ought not to be denied for ends of justice unless it drag a sessions trial on the pretext of changing his lawyer one after another

4. WHETHER COURT CAN TAKE COGNIZANCE OF THE SELF SAME OFFENCE FOR THE SECOND TIME ON THE SELF SAME MATERIALS

5. Accused filed application for discharge- Charge-sheet submitted after the statutory period disclosed prima facie case-Whether application can be allowed

6. It is essentially required that a judicial order must contain some reasons. In other words, reasons, even if brief, must be disclosed in a judicial order. It is well settled position of law that failure to give reasons amounts to denial of justice

7. Rash and negligent driving causing death of a person- Framing of charge under Section 304 of the Indian Penal Code whether justified

8. It is well settled that an F.I.R. can be quashed only when on the face of the allegations made in the F.I.R., no offense is disclosed. Truth or falsehood of the allegations can not be gone into at the stage of F.I.R.

9. Allegations clearly disclose prima-facie materials constituting the offence – No particular sub-section has been mentioned in the charge-sheet-Whether charge sheet can be quashed

10. According to the mandate of Section 143(3) of the Negotiable Instruments Act, every trial, relating to an offence punishable under the said Act, to be concluded as expeditiously as possible and all endeavors shall be made to conclude such trial within six months from the date of filing of complaint

11. Right to speedy trial is the fundamental right of the accused guaranteed under Article 21 of the Constitution of India

12. Fixation of cut-off mark is a highly technical process and is not with in the scope of judicial review unless the same is blatant malafide apparent on the face of the record

13. If a statute prescribes a certain thing to be done, it has to be done; failure thereof results in Contravention

14. Where the FIR was recorded without delay and investigation started on the basis of such FIR, the delay of one day in sending the FIR to the Magistrate cannot by itself justify the conclusion that the investigation was tainted

15. Meeting for removal - Not preceded by a clear 7 days notice as required under the prescribed Rules – Whether invalid

16. Bank authority failed to return the title deed despite repayment of loan – Whether justified

17. Government official cannot act contrary to the policy decision of the Government

18. Scheme of the Government – Whether Court can interfere for implementation

19. Application for amendment- Whether Court can consider the merit of the proposed amendment – Code of Civil Procedure, 1908 O. 6 R. 17

20. Accused and the deceased were last seen alive immediately before the deceased was found dead - whether it suggests that there is no possibility of any person other than the accused to be the author of the crime

21. The act was committed without premeditation, in a sudden fight and in the heat of passion upon a sudden quarrel - Exception 4 to Section 300 IPC whether applicable

22.

23. Person authorized to issue prospectus – Whether liable to be prosecuted- Companies Act, 1956, S. 63

24. On the mere allegation that no investment has been made nor any assets have been acquired in terms of proposal made in the prospectus, no case punishable under Section 628 of the Companies Act can said to have been made out

25. Accused is ill- Whether personal appearance be dispensed with- pragmatic and humanistic approach is warranted if the accused is not able to reach the venue of the trial due to illness

26. No case can be quashed by adjudicating which version of the case is true whether that of the prosecution or of the defence

27. Dispute between the parties are purely private in nature- There is remote possibility of criminal proceedings to reach its logical conclusion- It is an abuse of process of Court- Whether it can be quashed

28. When panel was prepared the posts did not exist- Recruitment of candidates from the panels whether justified

29. Amendment of plaint filed at belated stage- Amendment is formal in nature and does not change the nature and character of the suit

30. Whether amendment should be allowed- Whether the Court should proceed with a case of custody trial strictly in terms of Section 309 of the Code of Criminal Procedure

31.State has not served notice under section 9(3B) of the Land Acquisition Act, 1894 - Whether vitiates the acquisition proceedings

32. Right to raise construction Whether be curtailed when transfer of the property is absolute- Transfer of Property Act, 1882, S 11

33. No intentional laches on the part of the defendant- Adjournment was sought for on the ground of effecting compromise- Whether the ld. Court below was justified in rejecting the petition under Section 151 of the Code of Civil Procedure

34. Commission of offence is complete-Misappropriated amount has been repaid to the Bank It would be a mitigating circumstance in imposition of sentence but cannot be the ground for quashing of a trial-On a point of pure question of fact cannot be the ground for quashing of a trial

35. Date of birth recorded in Matriculation certificate as well as other certificates and submitted to the authority-Whether can be changed-Service Law

36. Suit for partition- A foster child whether can be added as a party- Code of Civil Procedure, 1908, O 1 R 10

37. Law is well settled that where a power is given to do certain thing in certain way, the thing must be done in that way or not at all and that other methods of performance are necessarily forbidden

38. Dispute is private in nature has been settled by the parties-Proceeding of criminal case whether would amount to an abuse of process of Court and be quashed

39. Dispute is private in nature has been settled by and between the parties-Continuation of criminal proceeding whether an abuse of process of Court and be quashed

40. Mistaken identification Whether a question of fact and be decided in exercise of revisional jurisdiction- Code of Criminal Procedure, 1973, S. 482

41. Statement of a child which has no corroboration from any other witness Whether be taken into account as evidence-Code of Criminal Procedure 1973, Ss, 161,164 

42. Employee was in service in educational institute other than the ones mentioned in DCRB Scheme,1981-Whether the Government is empowered to count the service as qualifying service for pension under the scheme

43. Landlord admitted that the tenant was inducted with all amenities attached to the tenancy- Tenant claimed payment to the water carrier-Whether it is necessary to give an opportunity to the tenant to adduce evidence to prove the necessary documents and examine necessary witness in support of the claim

44. Suit for partition-Construction started by one party-Whether Court should pass an order for maintenance of status-quo

45. Person not in practice as an advocate for at least seven years-Whether be appointed as an additional public prosecutor-Code of Criminal Procedure, 1973, S.24

46.An amendment cannot be rejected merely because of the fact that the same was filed at the belated stage before the Appeal Court as such amendment is necessary for complete adjudication of the dispute involved in the suit and the sufferance of the defendant for such delay can be compensated by costs

47. Ex-parte decree-Court recorded decree passed on contest-Application for stay in O9 R 13 proceeding whether maintainable-Code Application under Section 410 of the Code of Criminal Procedure rejected

48. Whether Court has to pass reasoned order-Code of Criminal Procedure, 1973, S.410 of Civil Procedure, 1908, O. 9, R. 13

49. Matrimonial dispute has been settled out of Court-Whether continuing criminal proceeding would amount to an abuse of process of Court and be quashed-Code of Criminal Procedure, S. 482

50.It is the law that if a Court is going to rely on any document, the same has to be exhibited-  Accordingly, it is directed if such document is exhibited during the trial for the purpose of relying upon the same, the Court concerned shall supply the same to the accused  persons/petitioners before hand

51. If the husband sought for cancellation or variation of an order of maintenance in consequence of any decision of a competent Civil Court, then in that case, he has to file a separate and substantive  application under section 127(2) of Cr.P.C

52. QUASHING: - Issues are pure questions of facts - Whether case can be quashed

53. On the evidentiary materials collected by the police during investigation the impugned charge-sheet is not at all justified - Whether the charge sheet has to be quashed

54. True it is that the deed of agreement is not sufficiently stamped, but failure to stamp a document properly does not affect the validity of the transaction embodied therein. It merely renders the document inadmissible in evidence.

55. To decide a rape case the Court could rely upon the sole testimony of the victim even if it is contrary to medical evidence--What is required, is to see that such sole testimony is trustworthy considering the surrounding circumstances as came out in evidence

56. An expectation, whose fulfilment requires that a decision-maker should make an unlawful decision- whether be a legitimate expectation–Service Law

57.Injunction order passed by trial Court not challenged-Subsequent application for recalling rejected by trial court, whether proper-Code of Civil Procedure, 1908 S. 151

58. On a sudden quarrel, a person in the heat of the moment picks up a handy weapon and causes injuries, one of which proves fatal-He has not acted cruelly-whether he would be entitled to avail the benefit of exception 4 to Section 300 of the Indian Penal Code

59. Investigating Officer recorded the statement of the victim in presence of the doctor-Doctor signed on the statement-Whether it can be the basis of an order of conviction as dying declaration

60. Whether an appellate court is under any obligation to examine the petition of appeal and the copy of the Judgement before dismissing a criminal appeal summarily

61. If sufficient materials to justify submission of the charge-sheet are found, it cannot be said that no case has been made out against the accused

62. Defacto complainant no longer desirous to proceed with the case and intimated the police to quash the case-During investigation police has recorded statement of two of the neighbours and they supported her case against the present petitioner-The proceeding whether be quashed

63. The petitioners are foreign nationals, therefore, by imposing condition of furnishing local surety, Learned Magistrate has not committed any mistake. Such condition was definitely imposed to avoid the likelihood of their evading due of process of law

64. Accused convicted under Section 138 of the Negotiable Instruments Act-Whether be acquitted on compromise-Negotiable Instruments Act, 1881, S. 147.

65. If there is any contradiction about the date of alleged occurrence, that being a pure question of facts, essentially the defence of the accused cannot be gone into at this stage, when this Court is considering the question of quashing of a complaint

66. On the basis of the materials collected by the police during preliminary investigation it cannot be said that no case has been made against the petitioner –Whether the proceeding can be quashed

67. Communication of the demand notice at Howrah-Whether Courts at Howrah will have jurisdiction to try case under S.138 of N.I.Act-Negotiable Instruments Act, 1881 S. 138

68. Direction for maintenance without assigning any reason, whether proper

69. Proceeding under Section 125 of the Criminal Procedure Code for maintenance-Strict proof of marriage whether necessary-Matrimonial Suit pending whether ground for stay of the said maintenance proceeding

70. Materials so far collected by the police during investigation clearly makes out prima facie case against the petitioner Quashing of F.I.R. whether permissible

71. Materials so far collected by the police during investigation clearly makes out prima facie case against the petitioner - Quashing of F.I.R. whether permissible

72. Materials collected during investigation prima facie indicates the complicity of the accused in the commission of the offences-Pendency of a civil suit whether operate as a bar for continuation of criminal prosecution–Whether the proceeding can be quashed

73.Before conclusion of investigation by the Investigating Agency whether it is proper to quash the F.I.R.-Code of Criminal Procedure, 1973 S. 482

74. It is the fundamental right of the accused guaranteed under Article 21 of the Constitution to have a speedy trial

75. The right to speedy trial is a fundamental right of an accused guaranteed under Article 21 of the Constitution and as such there is no wrong on the part of the accused persons to move this Court for a direction for expeditious conclusion of their trial

76. QUASHING: Payee has been intimated beforehand not to present the cheque for encashment

77. DISCHARGE: There was some overwriting- Whether an accused can be discharged

78. Payee has been intimated beforehand not to present the cheque for encashment-Filling up of the cheque by other person-Allegation discloses civil dispute–Whether proceeding can be quashed

79. A victim attains majority-Whether can be released on her personal bond

80. Allegation that cheque was not issued in discharge of any legally enforceable debt or liability and the same was forcibly taken away whether can be considered and proceedings can be quashed

81. Dispute between husband and wife and subsequently settled-Allowing criminal proceeding whether abuse of process of court

82. Inquest held before registration of FIR-FIR received by the Learned Magistrate three days after its registration-Ocular version of the eyewitnesses not fit in with the medical evidence-Only one simple natured incise wound found on the victim-Contradictory statements by eyewitnesses-Prosecution case whether proved beyond reasonable doubt

83. Delay in filing First Information Report without explanation-Deposition of witnesses after five years-No names of assailants revealed before Inquest Officer-Non production of seized articles before Court whether court can draw adverse presumption-Contradictory statements made by eyewitness before Inquest Officer-Sentence passed whether correct

84. Review whether maintainable if the decision rendered is so monstrous, so absurd, so palpably wrong, or an error had occurred by reason of counsel’s mistake or it crept in by reason of an oversight on the part of the court- It is not for the Court to consider whether it would decide the same matter had it been initially brought before it

85. Scheme does not contain any declaration that everybody will be totally exempted from paying entire unpaid loan amount-Bank informed the borrower her name has been included in the list of beneficiaries published by the bank-Eligible amount whether distinguishable from the entire unpaid principal dues

86. Petitioner retired from service-Amount shown as overdrawn deducted from gratuity amount-Fixation of pay-scale not done by the concerned individual employee-No opportunity of hearing granted to petitioner-Respondent, whether justified in deducting the said amount

87. Preparation of Inquest over the dead body preceded the lodging of F.I.R.-Failure of eyewitnesses to disclose incident till two days-Veracity of witness in extra-judicial confession, when reliable

88. Incorrectly mentioned the percentage of marks obtained by her in the Higher Secondary Examination- Appointment as Lecturer in Sanskrit whether be withdrawn-Service Law

89. Categorical findings of the Chief Vigilance Inspector (A)/E.R. with regard to widespread illegalities, irregularities and infirmities in the selection process-Selection process whether liable to be cancelled-Service Law

90. DELAYED HEARING, INTERIM ORDER ----Order of transfer issued-Delayed hearing, whether can make the application infructuous-Constitution of India, Article 226

91. Cause of action for this counter-claim arose before the filing of the written statement-Court below whether justified in rejecting the application

92. Father of petitioner died-in-harness-Petitioner still minor-Mother of petitioner also employee-Petitioner on attaining majority prayed for appointment on compassionate ground-whether he is entitled to get appointment–Service Law

93. Dead body recovered from the house of the victim-Complete silence of the appellants whether can lead to an adverse inference -Single person whether could commit the murder and thereafter bury the dead body by digging up the floor-No attempt by appellants to enquire from the police station regarding whereabouts of the victim-Appellants did not lodge any complaint with the police at any point of time-No attempt by daughter to save mother-Impose of capital punishment whether proper

94. Case pending for 35 years-Court in execution cannot go behind the decree-Attempt made to unnecessarily prolong the hearing of the application-Code of Civil Procedure, 1908 S.47

95. Suspicion of extramarital relationship of victim by accused-Accused killed victim causing injuries on her head, chest and face-Accused is in custody for ten years-Sentenced the accused for life whether proper

96. Establishment of the petitioner has been brought under the coverage of the E.S.I. Act since April 1991-Even if it decided that the establishment has been brought under coverage by mistake, such decision shall become operative prospectively

97. Trial pending for about 9 years-Trial to be held on continuous basis. Constitution of India, Art. 21-Code of Criminal Procedure, 1973 S.309- Indian Penal Code, Ss. 498A/406/120B

98. F.I.R. lodged after the institution of a suit for restitution of conjugal rights-Allegations made 12 years after marriage-Sufficient material to show complicity in the commission of offence against the petitioner-Court, after considering the evidentiary materials collected during the preliminary investigation, whether can quash the F.I.R.

99. Dishonor of cheque-Accused released on bail-Recording of plea fixed after about four months-Approach of the Learned Court, whether erroneous-Negotiable Instruments Act, 1881 S.143-Code of Criminal Procedure,1973,S.483

100. The petitioner is an Excise Constable and is not such a public servant who cannot be removed from his office without the prior sanction of the Government. By no stretch of imagination can it be said that the petitioner committed the alleged offences either while acting or purporting to act in discharge of his official duty. In any event, abducting any person for ransom and confining him in a secret place cannot be the part of official duty of any Excise Constable

101. The dispute if civil in nature- whether the criminal proceeding should be quashed-the Negotiable Instruments Act,Ss.138/141

102. Petitioners Bangladeshi Nationals-Entry and stay in India without valid documents- The police submitted charge-sheet alleging commission of a wrong offence-Trial Court whether bound by the conclusion arrived at by the investigating agency-Foreigners’ Act, 1946 Ss.14A(b), 14B

103. Grounds for quashing are pure question of fact and essentially is his defence-From the complaint it cannot be said no offence has been made out- Whether the proceeding should be quashed-Indian Penal Code, S. 193/203

104. The investigation was conducted perfunctorily and many vital witnesses were not examined is a matter which can only be taken into consideration during the trial as the defence of the accused, the latches in investigation, if any, cannot be the ground for quashing of a criminal case

105. Accused received Streedhan at Durgapur-Marriage solemnized at Durgapur-Learned Judicial Magistrate, 2nd Court, Durgapur, whether lacking of territorial jurisdiction-Indian Penal Code,Ss.498A/406/323/506-Code of Criminal Procedure, 1973 S 482

106. Magistrate issued search warrant for recovery of the child and her production before the Court-Learned Magistrate, whether has jurisdiction to hear the accused person on the question of custody-Indian Penal Code, Ss. 498A/306-Code of Criminal Procedure, 1973 S.97

107. Legally enforceable debt or liability or the cheque was issued by the petitioner is a pure question of fact- Whether can be taken into consideration to decide the question of quashing-Negotiable Instruments Act, S.138

108. Apprehension of breach of peace-Dispute is civil in nature-Whether Court can pass prohibitory order to maintain the peace and tranquility-Code of Criminal Procedure,1973, S.144

109. Learned Executive Magistrate called for a report from the Block Land & Land Reforms Officer-Whether interlocutory order-The order whether revisable-Code of Criminal Procedure, 1973 Ss.144, 397(2)

110. Rape charge made against the petitioner-Prayer for DNA test- Result of DNA test whether absolves him from the charge if other evidence against him-Whether adverse inference can be drawn for not surrendering for DNA Test - Indian Penal Code, 1869 S.376

111. The dispute if civil in nature- whether the criminal proceeding should be quashed-the Negotiable Instruments Act,Ss.138/141-Code of Criminal Procedure, 1973 S 482

112.Rape charge made against the petitioner-Prayer for DNA test- Result of DNA test whether absolves him from the charge if other evidence against him-Whether adverse inference can be drawn for not surrendering for DNA Test - Indian Penal Code, 1869 S.376

113. Question of legally enforceable debt or liability is a question of fact-Company, whether can be prosecuted for an offence punishable under Section 138 of the Negotiable Instruments Act without the aid of Section 141- Initial deposition whether required to be recorded in presence of an accused - Unless the summons is issued

114. whether the accused has right to participate in a criminal proceeding This Court directed the Trial Court to conclude trial within one month-Accused prayed for adjournment on medical ground-Trial Court closed the evidence--- Right to cross-examine a witness, a very valuable right- No accused can be denied of such right-Negotiable Instruments Act, S.138-Code of Criminal Procedure, 1973 S.313 Personal appearance exempted

115. Magistrate later on whether can direct to appear personally without indicating proper reason-Negotiable Instruments Act, S.138- Code of Criminal Procedure, 1973 Ss.205, 251, 313

116. Matrimonial dispute amicably settled out of Court-Petitioners approached Court for Quashing-Permitting criminal prosecution whether an abuse of process of court-Indian Penal Code, Ss.498A/406/34-Code of Criminal Procedure, 1973 S.482

117. It must be kept in mind that an error on the face of record or discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made, may be a ground for review of a final order

118. Complainant purchased the vehicle for carrying his livelihood by means of self-employment-Whether he is a consumer under Section 2(1) (d) of the Consumer Protection Act- Complainant is in arrear in repayment of its dues towards the loan transaction-Bank cannot take possession without due process of law- Parties agreed to arbitration-Whether the parties can choose other forum-Arbitration and Conciliation Act, 1996 S8-Consumer Protection Act, S.2(1) (d)

119. Plaintiff has been dispossessed subsequent to the submission of the earlier investigation report- The plaintiff filed an application for further investigation- Further investigation whether necessary for ascertaining the plaintiff’s contention regarding his subsequent dispossession- Code of Civil Procedure, 1908 O26 R 9

120. Appellants sentenced to suffer rigorous imprisonment for two cases—Sentences awarded to run concurrently-In operating the sentencing system, law should adopt the corrective machinery or deterrence based on factual matrix-The learned Trial Judge, whether justified in passing orders of conviction and sent ence-Indian Penal Code, 1860 Ss.392/411

121. The field note, cannot be the substitute of the report - Apparent inconsistency with regard to her visit and non-accessibility to the site in question renders the entire report and exercise of the commission, wholly unacceptable – Photograph is secondary evidence and the negative is the primary evidence

122. Registered deed of lease for a period of 20 years or above is executed by giving its effect from an anterior date-Effective period of lease from the date of execution falls short of 20 years-Relationship created by such lease, whether governed by the provision contained in the West Bengal Premises Tenancy Act-Section 5 of the Transfer of Property Act, whether stands in the way of creating a relationship of lessor and lessee for more than one year from a period anterior to the date of execution of the registered deed of lease-Transfer of Property Act, 1882 S.5

123. Whether, payment of full salary to the petitioners under the Salary Deficit Scheme to be preceded by an amalgamation of the school with the Boys’ school-Constitution of India Art 226

124. Petitioner occupying one room of the animal house-Petitioner not entitled to occupy any quarter-Learned Tribunal, whether justified to hold that the authorities had no intention to flout the order passed by the learned Tribunal and, dismiss the contempt application-Constitution of India, Art 226

125. Victim alcoholic-Victim habituated to suspecting his wife having extra marital relationship with the accused-Victim provoked accused to commit crime-No pre planning of the crime-Accidental death amounting to culpable homicide caused on the spur of the moment without having any real intention to kill the victim, whether would come under Indian Penal Code, Section 302-Indian Penal Code, 1860 Ss.302/304

126. Victim found dead in the courtyard of his house-Quarrel and dispute over landed property with his estranged wife-Victim last seen with accused-No explanation as to how and when they parted company rendered to the satisfaction of the Court-The learned Judge, whether justified in holding the accused guilty- Indian Penal Code, Ss.302&34-Code of Criminal Procedure, 1973 Ss.106, 313

127. Father of the petitioner expired only 10 months before the actual date of retirement-No bar under Rules to offer appointment to a member of the deceased family-Members of the enquiry committee specifically mentioned that the financial condition of the deceased family deplorable-Appointing authority strongly recommended for appointment of the petitioner on compassionate ground-Learned West Bengal Administrative Tribunal, whether justified in rejecting the claim of the petitioner for appointment on compassionate ground on account of the payment of the terminal benefits to the family of the deceased employee-Service Law

128. Petitioner not considered for issuance of Letter of Intent for award of Liquefied Petroleum Gas (LPG) distributorship-Necessary documents in support of experience, as claimed in the application form, neither produced by the petitioner nor obtained from the concerned employers-Pre-decisional hearing is the rule and post-decisional hearing the exception- Petitioner procured ante dated documents to strengthen her case whether plead for legitimate expectation - Constitution of India, Art. 226

129. Matrimonial suit under the Hindu Marriage Act decreed Ex parte-Application under O 9 R 13 C. P. Code whether maintainable-Hindu Marriage Act, 1856 Ss. 21, 28(1), -Code of Civil Procedure, 1908 O 9 R 13

130. Incorporation of additional relief for enforcement by amendment-Oral agreement entered between the parties pleaded in original plaint-Whether the amendment be allowed-Code of Civil Procedure, 1908 O 6 R 17-Constitution of India, Art. 227

131. No objection by plaintiff to admissibility of document on the ground of the insufficiency of the stamp duty –Parties intended to create a tenancy in perpetuity-Agreement whether required registration-Unregistered agreement whether can be used for collateral purpose

132. Petitioner claims Khola talak given by the defacto 2 complaintant-Claim of defacto complainant khola talak is a forged and fabricated document-Signatures and thumb impression obtained on blank papers by petitioner on different pretexts-First Information Report lodged after nearly one year-Case Diary contains sufficient materials justifying submission of the charge-sheet against the petitioner-The petitioner, whether justified in approaching this court for quashing charge-sheet

133. QUASHING-Dishonor of cheque

134. Dishonor of cheque-Order of conviction and sentence -Appeal before the Learned Sessions Court-Learned Sessions Court affirmed the order of conviction and sentence-criminal Revisional application pending-Joint compromise petition filed by the petitioners-Dispute settled out of Court-Prayer for compounding the offence, whether can be considered by the Court

135. Offence punishable under Section 376 of the Indian Penal Code - Statement recorded under Section 164 of the Code of Criminal Procedure, whether can be admitted into evidence and be marked as exhibit, without the concerned Magistrate who recorded such statement being examined during the trial

136. Petitioner prayed for adjournment on the ground of pendency in revision before the High Court where further proceeding have been stayed-Trial Court directed to file certified copy of the order-Petitioner moved High Court against the order-Whether liable to be rejected with cost

137. The first complaint was dismissed for default without assigning any reason. In such view of the matter, the second complaint on the same set of facts and against the same set of accused persons at the instance of the same complainant is not prohibited

138. The accused must always be given all necessary opportunity to prove their innocence and there cannot be any valid or cogent reason for rejecting the petitioners’ prayer for exhibiting the First Information Report and the charge-sheet which was recorded over the self-same incident

139. Trial, an outcome of a FIR registered on 1^st of November, 2000 and charge-sheet submitted on September 25, 2002-Case pending for ten years-Learned Trial Court, whether be directed to conclude the trial as expeditiously as possible-Speedy Trial whether a fundamental right - Constitution of India, Article 21

140. Petitioner no.1 sold the property by replacing two pages of the Power of Attorney-Correctness of such allegations whether a matter to be decided in trial on evidence-Indian Penal Code Ss. 418/420/465/467/468/471/120B-Code of Criminal Procedure, 1973 S.482

141. Issuance of search warrant for recovery of Stridhan articles- Police made prayer for issuance of search warrant- Court below directed the Investigating Officer to take steps in accordance with law whether proper-Code of Criminal Procedure, 1973 S.178(3)

142. Right to speedy trial whether a fundamental right- Court concerned is vacant-Whether court can direct for expeditious disposal-Constitution of India, Art 21

143. Although charge has been framed but till date not a single witness has been examined and matter is pending for about four years-Whether Court can direct for expeditious hearing-Code of Criminal Procedure, 1973 S.309

144. One case pending for trial before a Court of Magistrate and other before a Sessions Court-Whether both be heard by Sessions Court- Indian Penal Code, Ss. 34/307/ 323/325/380/354/341/324-Code of Criminal Procedure, 1973 S.407

145. Pendency of civil suits whether a ground for quashing a criminal proceeding- Indian Penal Code Ss. 147/447/427/379 -Code of Criminal Procedure, 1973 S.482

146. Learned Trial Court put some questions to witness- Whether parties have any right to put objection and pray for transfer of the case-Evidence Act, 1872 S.165-Code of Criminal Procedure, 1973 S.407

147. The payee of the cheque M/s.L.N.International is a proprietorship concern-In the complaint petition the proprietorship concern has been described as L. N. Enterprise instead of L.N. International-Proceeding whether be quashed-Negotiable Instruments Act, 1881 S.138

148. Grounds for quashing of the complaint are all disputed question of facts and are essentially the matter of defence-Whether be taken into consideration- From the content of the impugned complaint, it cannot be said that no offence has been made out

149. It is an admitted position, when the amount of maintenance was enhanced the husband/petitioner’s salary was about Rs. 20,000/- per month. In such view of the matter, the order awarding a sum of Rs. 4,000/- to the wife/opposite party as her monthly maintenance is not at all too excessive. In such view of the matter, the Court is not inclined to interfere with the order impugned

150. Petitioner worked for about thirty years with the State-State whether should give the writ petitioner an opportunity to arrange his post retirement life before terminating his service- Service Law

151. Abetting suicide of deceased wife-Offence under section 498A of the Indian Penal Code duly proved-Appellant taken into custody and never granted bail by the Trial Court- The appellant is in prison for slightly less than 10 years-Learned Trial Judge, whether correct in convicting the appellant under Indian Penal Code, section 304B-Indian Penal Code, 1860 Ss.498A, 304B, 306- Evidence Act, 1872 S.113A

152. Probate appeal pending-Money taken from third parties before filing application for injunction-Court whether direct to deposit the money in Court- Injunction whether be granted

153. Result of the first test against the dealer-Application for retesting-Failure only in respect of RON test conducted after 60 days-Oil Company violated itsown norms of testing within 30 days-Time limit whether merely for maintaining discipline-Oil Company, whether correct to terminate the dealership on the basis of the result of the first RON test-Constitution of India, Article 226.

154. Victims carried on country liquor business from their house-Altercations amongst two groups of the same family-Police started investigation on the telephonic message received by them- Thereafter police received written complaint and treated the same as F.I.R-Learned Judge, whether correct in depending upon relatives as witnesses in absence of any outsider

155. Accused found guilty and convicted by the learned Trial Court- Accused was aged about twenty one years at the time of incident and he was prosecuted for the offence after a period of about ten years –Whether his sentence can be reduced-Indian Penal Code, 1860 S.307

156. Admission, best piece of evidence-Element of delinquency palpable-Political pressure, if any should be brought to the notice of higher authorities-Court cannot blindly follow a precedent without considering the ratio laid down

157. Victim died an unnatural death within 7 years of marriage-Victim subjected to constant physical and mental torture-Victim initiated proceedings for maintenance as well as domestic violence as against the in-laws-Responsibility cast upon the in-laws to explain their conduct- Najirul, husband, was held guilty in-laws were acquitted, whether proper

158. Writ petitioner an unapproved Assistant Teacher- Identical method of appointment has been accepted to be regular and valid one, pursuant to the judicial pronouncement of the Court- State cannot be allowed to adopt pick and choose policy- Her services have been accepted for a long time and even the Administrator himself has not disengaged her, therefore, it cannot be said that the appointment is altogether void or invalid-Service Law

159. Power of the State Government to acquire the land at the requisition of the statutory body-Two Acts in operation-One Act found to be onerous- State Government to decide which of the two Act to be adopted-Non- receipt of compensation, whether renders requisition and acquisition illegal and invalid--Land Acquisition and Requisition Act 1948, Act II of 1948, S.18

160. Order granting permission to sell the vendor’s interest - Implementation of such direction depends upon the wishes of the defendant no.1- Such direction whether can be construed as a mandatory direction, capable of execution-Code of Civil procedure, 1908 O 21 R 32-Constitution of India, Art.227

161. High Court previously disposed of the application under Section 11 of the Arbitration and Conciliation Act when eviction suit was pending- Tenant filed petition before the Rent Controller under section 21 of the Premises Tenancy Act- Landlord raised objection of hearing the same by Rent Controller in view of arbitration clause-Whether the matter to be referred to the Arbitrator- Arbitration and Conciliation Act, 1996 S.8

162. No mention of fraud in original pleading-Fraud, if can be allowed to be pleaded for the first time by way of amendment which is directly linked with the plaintiffs’ prayer for declaration of his title - Code of Civil Procedure, 1908 O 6 R 17- Constitution of India, Art.227

163. Petitioner denied that the opposite party is his legally married wife in a proceeding for maintenance-Petitioner filed application for amendment of his written objection-Whether amendment can be allowed in criminal case-Code of Criminal Procedure, 1973 S.125

164. Petitioner failed to pay maintenance as per order of the Court-Whether Court can direct the Wakf Board to pay maintenance to a divorced Muslim woman unable to maintain her-Muslim Women (Protection of Rights on Divorce) Act, 1986 Ss.3 (1)(a),4(2)

165. The three witnesses, who were sought to be recalled, were cross-examined on behalf of the petitioner at length- Whether it can be invoked only with the object of discovering relevant fact or obtaining proper proof of such fact for a just decision of the case-Code of Criminal Procedure, 1973 S.311

166. Proceeding is pending in the Trial Court in clear violation of Section 143 of the Negotiable Instruments Act- Whether the case should be disposed of expeditiously-Negotiable Instruments Act, 1881 S.143

167. The petitioner is seeking for quashing of the charge on a disputed question of facts and his defence-whether can be taken into consideration- Code of Criminal Procedure, 1973 S.482

168. Cheque drawn on a Current Account but presented to Savings Accounts-Cheque dishonoured- The petitioner contended that payment has already been made- Whether this fact can be gone into and proceeding can be quashed-Negotiable Instruments Act, 1881 S.138-Code of Criminal Procedure, 1973 S.482

169. FIR registered on February 11, 2000-Police submitted the charge-sheet on August 19, 2000-No charge framed till date-The right to speedy trial whether is a fundamental right of an accused- Constitution of India, Art.21

170. Petitioner constructing a building on the strength of a proper and valid sanction plan- Executive Magistrate, has called for a report from the police and directed the police to see that no illegal activities are taken place and no illegal construction is made-Whether by such order the petitioner has been restrained from making construction lawfully- Code of Criminal Procedure, 1973 S.144 (2)

171. Matter pending for a long time- charge-sheet has been submitted nearly six years back -Right to speedy trial, whether a fundamental right-Constitution of India, Art. 21- Indian Penal Code, Ss. 498A/323/504/34/120/406

172. Marriage and the paternity of the child disputed-Parties live together as husband and wife-Able bodied person whether liable to pay maintenance to the wife and child-Code of Criminal Procedure, 1973 S.125-Evidence Act 1872 S.112

173. EXPEDITIOUS HEARING Proceeding for maintenance instituted-Order of interim maintenance passed-Recording of evidence commenced-Wife examined in part- Hearing adjourned-Maintenance proceeding pending for last eight years- Code of Criminal Procedure, 1973 S.125

174. FIR recorded for offences punishable under Sections 498/34 of the Indian Penal Code- Allegations clearly constitute the offence under Sections 498A/34 IPC- Whether proceeding should be quashed- Code of Criminal Procedure, 1973 S.482- Indian Penal Code, Ss. 498/498A/ 34

175. Petitioner concluded of a charge under Section 138 of the Negotiable Instruments Act-Charge relating to an offence punishable under Section 420 of the Indian Penal Code whether be proceeded-Application for quashing of the said FIR on the sole ground that over the self-same allegations two criminal cases cannot be instituted, whether maintainable-Constitution of India,Article 20 sub-article(2) - Code of Criminal Procedure, 1973 S.300

176. Notices under the provisions of 6 and 8 to 10 of the Urban Land (Ceiling & Regulation) Act, 1976 Act were not served- Order of vesting whether proper- Urban Land (Ceiling & Regulation) Act, 1976, Ss.6(2),8,9,10(3)

177. Owner of vehicle himself victim-Wrong caption of an application-Tribunal, whether entitled to adjudicate an application under Section 163A of the Act-Application for compensation against an Insurance Company at the instance of the heirs of the deceased insured, whether is maintainable - Motor Vehicles Act, 1988 Ss. 147,163A, 165, 166, 168

178. Writ petitioner, a freedom fighter-Government unable to furnish record-Writ-petitioner could not prove compliance with the requirements of the SSS Scheme for getting pension-Whether he is entitled to pension-Swatantrata Sainik Samman Pension Scheme, 1980

179. Political rivalry-Common intention to attack victim-Prosecution witnesses could not be shaken in cross-examination -Mistake in framing charges-Accused whether be convicted-Indian Penal Code, 1860 Ss. 149, 302, 307

180. Victim committed suicide in her in-laws’ place-Her in-laws whether were duty-bound to unfold the narrative, which was within their special knowledge-They did not even adduce any evidence-Accused whether responsible

181. Some co-sharers not made parties-Decree for declaration and permanent injunction whether be granted-‘kabuliyats’ have no bearing on the main issue involved in the suit, whether be permitted to adduced as additional evidence-Code of Civil Procedure, 1908 O 41 R 27

182. Appellant intercepted by Intelligence Officers of Narcotic Control Bureau------Search before Gazetted Officer-----310 grams of heroin found on person---- written consent given by appellant superfluous-----No independent witness examined----Learned Judge, whether correct in holding the appellant guilty of offence---- Narcotic Drugs and Psychotropic Substances Act, 1985, Ss. 21(C)/29/21(C), 67

183. Victim girl, a minor-Enticed away by accused-Nobody present in the house- Accused put Sankha & Sindur on victim- Provisions of Section 366A I.P.C. attracted-Sentence passed against accused according to his financial conditions-Trial Judge, whether justified in passing such judgment- Indian Penal Code Section 363/366A-Code of Criminal Procedure, S.164

184. Police collected materials for a particular offence- Charge Sheet for the same not submitted- Whether a ground for re-investigation-Code of Criminal Procedure 1973, S401

185. Husband neglected to maintain the wife- Granting of maintenance @ Rs.1500/- per month whether excessive-Code of Criminal Procedure,1973 , S125

186. Defence lawyer of own choice cross examined some of the witnesses-Defence lawyer retired from case-Court appointed defence lawyer from Govt. Panel-Thereafter again defence lawyer appointed of their own choice-Whether the new lawyer be permitted to re cross-examine the witnesses-Code of Criminal Procedure, 1973, S. 303

187. Cheque dishonoured- Application under section 138 of the Negotiable Instrument Act filed-Ground for quashing-Disposal of the petition-Negotiable Instrument Act,1881 S.143- Code of Criminal Procedure,1973, S 482

188. Election notice was issued for reconstitution of Managing Committee by the librarian-In the notice it was stated one may contact librarian/secretary for obtaining necessary information-There was no secretary in the library-Whether notice is bad-Managing Committee, if not constituted, whether gets recognition by implication-Constitution of India, Art 226

189. Election notice was issued for reconstitution of Managing Committee by the librarian-In the notice it was stated one may contact librarian/secretary for obtaining necessary information-There was no secretary in the library-Whether notice is bad-Managing Committee, if not constituted, whether gets recognition by implication- Constitution of India, Art 226

190. Whether a person retired before 7 years and received gratuity without any protest, is entitled to get interest for delay in payment of gratuity. Constitution of India, Art 226

191. Whether A person retired from service before 7 years and received gratuity on September 28, 2004 without any protest, is entitled to get interest for delay in payment of gratuity. Constitution of India, Art 226

192. Whether a person retired from service before 6 years and received gratuity without any protest, is entitled to get interest for delay in payment of gratuity. Constitution of India, Art 226

193. The District Inspector of Schools has appointed a drawing and disbursing officer. Whether the district inspector of schools can refuse to decide the question of placing the departmental nominee for reconstitution of the managing committee on that ground. Constitution of India ,Art 226

194. Whether a person retired before 6 years and received gratuity without any protest, is entitled to get interest for delay in payment of gratuity. Constitution of India ,Art 226

195. Writ against private body whether maintainable-Constitution of India, Art, 22

196. Application for review made before the Regional Transport Authority- Review whether permissible- The Motor Vehicles Act, 1988, S 83

197. Defacto complainant unwilling to proceed with the case-Evidence does not show that deceased was subjected to cruelty-If the proceeding  continue whether it amounts to abuse of process of Court- Code of Criminal Procedure, 1973 S.482

198. Testatrix was 90 years of age-. P.W.2 said she died at the age of 85 and if his evidence is taken then she executed the Will at the age of 82-Difference of age 82 and 90 Whether a great difference and very significant-Whether contradictory evidence with regard to the age can be overlooked-Signing of Bakalamdar whether can be said to be a signature of an attesting witness- When a person acts an agent whether he become a third party- In granting probate whether court is required to look into suspicious circumstances- Indian Succession Act, 1925 S 63

199. Ad-interim order of injunction refused by Trial Court-In appeal whether Appellate Court can grant injunction till disposal of the suit-The Licensee is staying after the expiry of the license period- There are some delay in handing over possession of the said property by the licensor- The stay in the licensed premises after completion of the license period whether permissible-Code of Civil Procedure, 1908 O39 R 1&2

200. The election of the office bearer has already been completed- The democratic process for selection of office bearers by election whether be stopped by way of injunction after publication of the election schedule- Code of Civil Procedure, 1908 O39 R 1& 2

201.If there is no direct evidence of an agreement to conspire whether a conspiracy can be inferred from circumstances- Agreement whether be proved by necessary implication- Credibility of testimony depends on judicial evaluation of the totality and not isolated scrutiny-Minor inconsistencies and marginal mistakes do not necessarily demolish the prosecution case-Proof beyond reasonable doubt is the guideline and not a fetish

202. Omnibus statement that torture was committed upon her whether would not be sufficient to sustain the charge under Section 498A-Treatment in had not been substantiated by producing any paper-Omnibus or generalised statement of torture as stated by the PWs do not relate to the cause of death-The victim herself did not make any allegation as against the appellant no.1 and 2, whether the appellant no.1 and 2 being the husband and father in-law can be convicted

203. Minor discrepancies and marginal mistakes whether demolish a prosecution case-Credibility of testimony depends on judicial evaluation of the totality and not isolated scrutiny-Whether it is required to proof beyond reasonable doubt or not beyond all doubt-Interference in revision whether permissible

204. The F.I.R. was registered subsequently and that at the time of lodging the F.I.R. he did not receive the names of the miscreants-Non-production of the seized pipe guns at the time of trial- Inconsistencies in the sanction order and the charge under Section 27 of the Arms Act having failed whether the charge under Section 25 of the Arms Act can stand-The Arms Act,1950 S 25,27

205. Dispute In respect of allotment of flats and not in respect of title –“Dispute” sought to be raised before the learned arbitrator and subsequently, in appeal, before the learned Tribunal, which passed impugned judgment and order–Whether it could have been at all raised as a “dispute”–Whether the “dispute” raised for the purpose of adjudication before the learned arbitrator, fell within his jurisdiction, competence and domain–When Jurisdiction under Article 227 of the Constitution of India can be exercised

206. Single witness supporting the prosecution case could assist the Court in holding the accused guilty of the offence – No direct evidence with regard to the presence of the other accused – Whether they deserve benefit of doubt – Indian Evidence Act 1872

207. Discovery of a fact albeit a relevant fact–Whether single eyewitness when can be the basis for conviction–Marginal mistakes and minor discrepancies cannot demolish a prosecution case–Proof beyond reasonable doubt and not beyond all doubt–ratio decidendi and obiter dictum–Examination under Section 313 of Cr.P.C. Whether an important and integral part of a criminal trial

208. . Charge to be proved beyond reasonable doubt - Statement Made to Investigating Officer –Best evidence being documentary–When presumption would go against the prosecution– Whether prosecution is to prove the charge beyond reasonable doubt–Importance of the statement under Section 161 Cr.P.C –Whether it can be used as substantive evidence – Indian Evidence Act 1872, S 106 – Code Of Criminal Procedure 1973, S 161

209. Evidence of prosecutrix itself whether sufficient to warrant conviction - Political rivalry whether to be considered – Indian Penal Code 1860, S 376

210. Learned Magistrate did not discuss at all why he has accepted the Final Report – Objection raised by the de-facto complainant has not been discussed at all or why the said objection is not acceptable – Whether findings of the Learned Magistrate was correct in accordance with law

211. The case is pending for a long period on the ground that the results of the said Matrimonial Suit have not been brought by the petitioner before the learned Magistrate – Petitioner has expressed his inability to produce the result of the matrimonial suit, Whether court is to pass appropriate orders and dispose of the criminal case on the basis of the materials as produced by the parties – Code of Criminal Procedure, 1973 – S 401 , S 482 – Special Marriage Act, 1954 – Indian Penal Code 1860 S 494 S 420 S 120(B)

212. Additional Chief Judicial Magistrate, issued notice upon the de-facto complainant before acceptance of the final report – The de-facto complainant was absent – So in absence of the de-facto complainant, upon perusal of the C.D., the learned Additional Chief Judicial Magistrate, Durgapur accepted the final report and discharged the accused persons from the case – Whether Findings of Learned Additional Chief Judicial Magistrate was correct in accordance with law

213. The entire roof of the mechanical department of the Anglo India Jute Mill collapsed, six workers of the mill died – Whether Section 92 of the Factories Act would be applicable i.e. the occupier and Manager of the said factory shall be guilty for the offence – OR – Whether the management of the factory is to look after the building and they are to take adequate measures for protection of the life of the workers

214.Pendency of a criminal case by itself can be the ground for refusing to issue no objection for passport by a Court – Passport Act, 1967 Ss 5,6

215. Maintenance proceeding is pending – Wife living adulterous life – Whether she is entitled to any maintenance– Code of Criminal Procedure 1973, Ss 125 & 127

216. Wife living separately because of torture upon her – Whether She is entitled to get maintenance – Code of Criminal Procedure 1973, S 125

217. Order of acquittal –When appellate Court can interfere- Age of the accused whether to be considered– Indian penal Code 1860, S 324

218. Subsequent certificate – Whether Subsequent acquisition of the certificate will make the Petitioner eligible with retrospective effect to apply for the post – Service Law

219. The cut off marks whether to be determined on the basis of the marks obtained by the candidates applying for the post in the examinations and the number of vacancies – Service Law

220. The cut off marks whether to be determined on the basis of the marks obtained by the candidates applying for the post in the examinations and the number of vacancies – Service Law

221. The cut off marks whether to be determined on the basis of the marks obtained by the candidates applying for the post in the examinations and the number of vacancies – Service Law

222. The cut off marks whether to be determined on the basis of the marks obtained by the candidates applying for the post in the examinations and the number of vacancies – Service Law

223. Confessional statement was made by the workman– Whether ‘confession’ in order to become operative needs some amount of corroboration – Whether workman entitled to the relief of full back wages when the order of dismissal from the service has been found to be illegal – Service Law

224. Police initiated case against Mamun on being named by accused, Mukesh.- No confessional statement under Section 164 was made by Mukesh involving Mamun - Mamun was not known to the police-None of the witnesses stated that they knew Mamun beforehand- After apprehension of Mamun the test identification parade was not done- Whether Mamun is entitled to the benefit of doubt– Indian Evidence Act 1872, S 9 – Code of Criminal Procedure 1973, S 164

225. Whether Subsequent acquisition of the certificate will make the Petitioner eligible with retrospective effect to apply for the post – Service Law

226.The cut off marks whether to be determined on the basis of the marks obtained by the candidates applying for the post in the examinations and the number of vacancies – Service Law

227. The cut off marks whether to be determined on the basis of the marks obtained by the candidates applying for the post in the examinations and the number of vacancies – Service Law

228. The cut off marks whether to be determined on the basis of the marks obtained by the candidates applying for the post in the examinations and the number of vacancies – Service Law

229. The cut off marks whether to be determined on the basis of the marks obtained by the candidates applying for the post in the examinations and the number of vacancies – Service Law

230. Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

231. Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

232. Petitioner applied to the appropriate authority for issuing certificate recording that he is a landloser – No such certificate has been issued – Whether he could register himself with the employment exchange as an exempted category–Constitution of India, Article 226

233. Anticipated certificate – Petitioner applied for land looser certificate – No certificate issued – Whether he can be given appointment as an exempted category candidate – Service Law

234. EXEMPTED CATEGORY

235. Anticipated certificate – Petitioner applied for land looser certificate – No certificate issued – Whether he can be given appointment as an exempted category candidate – Service Law

236. Anticipated certificate – Petitioner applied for land looser certificate – No certificate issued – Whether she can be given appointment as an exempted category candidate – Service Law

237. Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

238. Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

239. Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

240. Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

241. Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

242. Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

243. Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

244.Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

245. Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

246. Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

247.Petitioner claimed ex-census employee working in connection with the 2001 census operations- Whether can apply as an exempted category candidate – West Bengal Regulation of Recruitment in State Government Establishments and Establishments of Public Undertakings, Statutory Bodies, Government Companies Local Authorities Act, 1999

248.The parties agreed by the compromise decree to transfer the non-suit property in favour of the decree-holder on a subsequent date - Whether it requires registration – Registration Act 1908, S 17

249. The petitioner has filed suit for declaration of his right and for injunction for protecting his possession in the property in question– Whether the petitioner can file application in the executing court claiming identical reliefs – Public Premises (Eviction of Unauthorized Occupants) Act, 1971

250. Petitioner has filed suit for declaration of his right and for injunction for protecting his possession in the property in question– Whether the petitioner can file application in the executing court claiming identical reliefs – Public Premises (Eviction of Unauthorized Occupants) Act, 1971, S 4

251. RES SUB-JUDICE

252. RECEIVER’S LIABILITY

253. METHOD OF PROOF

254. REINSTATEMENT

255. NEW CONNECTION – Petitioners applied for a new electricity connection in the nature of Low Tension Line

256. PASSPORT, PHOTOGRAPH

257. FREEDOM FIGHTER’S PENSION – Record of a freedom fighter is not available

258. KIDNAPPING, RAPE

259. QUASHING – Suppression of the material facts before the Criminal Court

260. EQUIVALENT DEGREE

261. ONUS

262. SCOPE OF WRIT– Petitioner’s claim is based purely on contract and private law

263. INTERIM MAINTENANCE – Interim order of maintenance–

264. MAINTENANCE – Maintenance claimed by the wife for herself, and for her two sons, who attains majority during pendency of the proceeding

265. MAINTENANCE –Husband is an able bodied person

266. QUASHING – A.C.J.M. quoted wrong Section while transferring the case to Judicial Magistrate

267. QUASHING –Allegation against Regional Sales Manager to commit offence

268. QUASHING – The Learned Additional District & Sessions Judge observed that forgery had been committed in a proceeding under Section 340 of the Cr.P.C. and lodged complaint

269. ANALOGOUS HEARING –Two cases of different nature Whether be tried together

270. PRICE FALL CLAUSE

271. GRATUITY – Real employer is the steel authority of India Limited

272. CLUB RULES, REFERENCE : Club rules whether an agreement between the club and its member

273. PROSECUTION, PARTNERSHIP FIRM

274. PERMIT: Petitioner converted a van rickshaw, which has been manually fitted with motor

275.Jurisdiction: Accident happened in Howrah

276. Injunction, Jurisdiction

277. Rectification

278. SCOPE OF WRIT: Petitioners have no legal or statutory right

279. SCOPE OF WRIT: Petitioner was apprehending encroachment upon his property by the private respondents

280. NEW CONNECTION , SPLITTING OF LOAD

281.SCOPE OF WRIT: Private respondents doing unlawful and wrongful activities

282. DISCIPLINARY PROCEEDING, MAJOR PENALTY

283. DISCONNECTION: Decree for recovery of possession passed in civil case

284. SCOPE OF WRIT: Private respondents forcibly entered upon petitioner’s property

285. COMPASSIONATE APPOINTMENT

286. NEW CONNECTION: Objection of the petitioner whether to be considered before giving new connection to the respondent

287. AMENDMENT OF WRITTEN STATEMENT

288. QUASHING, JURISDICTION: From the very inception of transaction no fraudulent intention or misrepresentation is forthcoming

289. QUASHING: Concealment of certain information contained in the passport

290. INJUNCTION: Identification of the land is disputed

291. AMENDMENT OF PLAINT By the amendment, the plaintiff wanted to take away the admission that the principal defendants were the owners of the suit property

292. MODIFICATION OF DECREE

293. EXPUNGING OF EVIDENCE- Evidence was tendered by the plaintiff by way of an affidavit

294. INJUNCTION: Concurrent finding regarding injunction whether be reversed in revision

295. MANDATORY INJUNCTION

296. QUASHING : The petition of complaint contains vague and omnibus allegation of physical and mental torture upon housewife

297. AMENDMENT OF PLAINT: Suit for declaration, confirmation of possession the basis of purchase

298. REJECTION OF PLAINT

299. AMENDMENT OF PLAINT

300. QUESTION BY COMPETENT AUTHORITY: Witness was being examined-in-chief

301. REGISTRATION: Partnership firm dissolved by a suit on compromise

302. BAR OF CIVIL COURT: Action under section 13(4) of the SARFAESI Act

303.FUNCTUS OFFICIO: Court dismissed the appeal