ADVOCATE - CONDITIONS AND RESTRICTIONS - PREJUDICE - RIGHT TO BE EFFECTIVELY REPRESENTED - PREJUDICE. ... The detenu was not prejudiced by any of the alleged violations of his rights. Issues: 1. ... Whether the detenu was prejudiced by any of the alleged violations of his rights? Ratio Decidendi: 1. ... Responding to this, the Magistrate advanced the period of remand to 2-9-91, while rejecting the request for grant of bail. ... ... ( 21 ) ADVOCATE General submitted t....
If it is found that he has so prejudiced, appropriate orders have to be made to repair and remedy the prejudice including setting ... The appellant being technical Assistant was not eligible under rules for such sponsorship nor her request ... If no prejudice is established to have resulted there from, it is obvious, no interference is called for. ... If it is found that he has been so prejudiced, appropriate orders have to be made to repair and remedy the p....
Appeal - In Transfer Petition appellant contended he has lost faith, trust and confidence in court because Presiding Officer is prejudiced ... Section 24 of Code seeking transfer of case shall not be based on conjectures and mystic maybes - The onus is on the person who alleges ... There is nothing wrong in the respondent's request to have the conciliation talk in the Chambers of the Judge. The very request of the respondent to advance the case and to post the same for counselling reveals her wish to have an early verdic....
Ghanshyamdas Gupta had been given a reasonable opportunity to participate in the arbitration proceedings and that the arbitrator's request ... that Ghanshyamdas Gupta had been given a fair opportunity to participate in the arbitration proceedings and that the arbitrator's request ... Ghanshyamdas Gupta withdrew his objections in 1998 but later sought to resile from the withdrawal. ... There must also have been some real prejudice to the complainant; there is no such thing as a merely technical infringement of natural jus....
The court dismissed the chamber summons and made the notice of motion absolute, granting the plaintiff's request for dismissal of ... Ratio Decidendi: The court held that caveators must have a caveatable interest and cannot set up title adverse to the deceased's ... Final Decision: The court dismissed the chamber summons and granted the plaintiff's request for dismissal of the caveats, ... totally displacing the case of the plaintiff and which would cause him irretrievable prejudice. ... It was held t....
INSTRUMENTS ACT, 1881 - SECTION 118(A) - BURDEN OF PROOF - CONSIDERATION - BENAMI TRANSACTION - VARIANCE BETWEEN PLEADINGS AND PROOF - PREJUDICE ... held that the initial presumption under Section 118(a) of the Negotiable Instruments Act, 1881, that a negotiable instrument was made ... plaintiff's own evidence contradicted his initial claim that he had paid Rs. 25,000 in cash to Mohan Lal on behalf of the firm, and he later ... The variance between the pleadings, and the proof subsequently led, has certainly caused prejudice#HL_....
But his request was turned down, with the result the enquiry, which was conducted by such highly prejudiced officer, was vitiated from the beginning ; and ... (ii) There was no evidence upon which the finding of guilt could be sustained. ... Even before the enquiry was started, the petitioner made repeated representations to the Superintendent of Police that the enquiry should not be conducted by that enquiry officer on account of his prejudice. ... The question is whether, in the performance of his duty, he is expected ....
[Para 16] ... Section 219 of the Code cannot be read in isolation. ... with regard to the offences committed during the course of same transaction, the provisions contained in Sections 223(a) and(d) cannot ... the Code as the power of this Court is supervisory in nature and it can only examine the legality or validity of the order but cannot ... It has also been urged by the learned Advocate for the petitioners that on account of the joint trial, prejudice would be caused to them, but the prejudice, whi....
the said transfer request in the High Court - Petition dismissed. ... against the presiding officer, the High Court would entertain the transfer request and accordingly, seem to have come forward with ... reason or the other, the litigants like the petitioner has developed a wrong notion that if such type of baseless allegations are made ... However, when with reference to the same, the petitioner is unable to substantiate the reason projected by him with acceptable material and as above discussed, when the alleged upset....
were necessary to ensure proper trial of the suit and did not cause undue prejudice to the defendant. ... Amendments to pleadings are allowed to ensure proper trial of the suit and do not cause undue prejudice to the other party. 2. ... allowed the amendments to the pleadings, finding that they were necessary to ensure proper trial of the suit and did not cause undue prejudice ... The allegations made in the written statement, filed by the defendant, cannot be seen, in such a circumstance. Mr. ... Proce....
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