Select list - Validity of list had not been extended and three years have gone by - Not proper to grant relief on the basis of the new plea i.e extension of validity of list only by a period of 11 days and not a minimum period of three months. (Par..
Civil Procedure Code, 1908, Section 100 - Second Appeal - Merely because the Trial Court had occasion to see the witness that cannot be a ground to hold that First Appellate Court had pre-conceived notion - No reasons had been indicated by the High C..
Specific Relief Act, 1963, Section 16(c) - Specific performance - Agreement to sell - Readiness and willingness - Compliance with, has to be in spirit and substance and not in letter and form - Can be seen from the conduct of the plaintiff as a whole..
(A) Penal Code, 1860, Sections 302/34 and 324 - Testimony of witness - Sole eye witness - Statements fully supported the contents of the FIR - Evidence corroborated by post mortem report - No reason for witness to falsely implicate the accused who ar..
(A) Penal Code, 1860, Sections 302, 141 and 149 - Unlawful assembly - Common object - Mere presence in an unlawful assembly cannot render a person liable unless there was a common object and he was actuated by that common object - That object is one ..
Contractual matter - Exclusion of appellant from second stage of bidding process - The very purpose of 'cash flow reporting is to find out the ability of HDEC to generate cash flow in future - And if an important method of cash flow reporting is kept..
(A) Consumer Protection Act, 1986, Sections 10(3) and 16(2) - Jurisdiction of Court - Judicial restraint - High Court directing state Government to constitute at least five State Consumer Forums at State Level as used under Section 16 of Consumer Pro..
(A) Criminal Procedure Code, 1973, Section 482 - Penal code, 1860, Sections 498A and 406 - Quashing of proceedings - In complaint no allegation regarding cases covered u/s 498A IPC - No allegation of any torture for dowry against appellant - Position..
(A) Recruitment - Ordinarily rules which were prevailing at the time of when the vacancies arose would be adhered to - The qualification must be fixed at that time - The eligibility criteria as also the procedure as was prevailing on the date of vaca..
(A) State Financial Corporation Act, 1951 , Section 29 - Uttar Pradesh Public Money's Recovery of Dues Act, 1972 - Recovery citation - Against guarantor - First recovery citation issued on 3.9.1993 - Same was challenged under writ petition - Another ..
Electricity Act, 2003- Section. 135- Abetment of theft of electricity- Not only done by positive act of theft of electricity- It can also be done by omission to positive act by one who is responsible to act that of electricity by a dealer (owner of p..
while determining the question as to which parent the care and control of a child should be committed, the first and the paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute..
: Condonation of delay of 116 days in filing the writ appeal — application rejected — the State of Kerala have made out sufficient cause for condonation of delay in filing the appeal — the Division Bench of the High Court is requested to dispose of t..
Income Tax Act, 1961 — section 293 A — vide Notification No. 9997 dated 8.3.1996 under Section 293A of the Income Tax Act, 1961, each co-venturer was liable to be assessed for his own share of income. They were not to be treated as an AOP — whether t..
The clear position therefore is that any Judicial Magistrate, before taking cognizance of the offence, can order investigation under Section 156(3) of the Code. If he does so, he is not to examine the complainant on oath because he was not taking co..
In this case the respondent was engaged or hired on contract to work as Drugs Inspector for a period of six months from the date of joining or till a candidate selected by UPSC joined on regular basis whichever was earlier. An advertisement was issue..
Appellant filed the suit on the basis of a promissory note executed by respondent, which was decreed in his favour by the trial court. Subsequently, in execution proceedings, the appellant purchased the judgment debtor (respondent’s) property in cou..
The Supreme Court in this case set aside an order of acquittal rendered by the M.P. High Court on the basis of evidence given by two witnesses who first gave evidence as P-Ws and then by way of affidavits changed the version to support as Defense wit..
It is, therefore, well settled that the right to speedy trial in all criminal persecutions is an inalienable right under Article 21 of the Constitution. This right is applicable not only to the actual proceedings in court but also includes within its..
(A) Appointment - Primary teacher - Appointment denied on the ground that institutions from which appellants had got their teacher's training certificates were not recognized - Advertisement specifically referred to the Jharkhand Primary School Recru..
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