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..
(A) Promotion - Eligibility - Experience - They stand on different footings - For filling up the post by way of promotion, there must exist a channel - In absence of any channel, promotion cannot be effected. (Para 10) (B) Rajasthan Mines & Geol..
Constitution of India, 1950 - Article 226 - Writ - Service - Contractual appointment, fixed emoluments, fixed term - Automatic termination after expiry of fixed term of contract - Whether, on their absorption against regular post, their previews c..
Army Act, 1950, Sections 20, 22 and 63 - Discharge simpliciter - Wrong mentioning of provision - Authority having power under the law - Merely because while exercising that power the source or power is not specifically referred to or a reference is m..
Dismissal - Only one days's delay in reporting for duty - Justifiable reason of death of his father - Direction to Union of India to consider the case of appellant sympathetically - Respondent agreed to reinstate appellant without payment of back wag..
(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) Medical jurisprudence - Murder - Post-mortem examination - Time of death - The lapse of taking place of death cannot be accurately stated. (Para 14) (B) Medical jurisprudence - Gun shot injury - Blackening of the wound can be found only when..
(A) Criminal Procedure Code, 1973, Section 156 and Section 202 - Investigation - Section 156 falling within chapter XII deals with powers of the police officers to investigate cognizable offences - Investigation envisaged in Section 202 contained in ..
(A) Evidence Act, 1872, Section 5 - Relevancy of fact - Admission - Made by party can be used against him - When such admission is made by a Karta of a Hindu undivided family, who is managing the family property as well as family business affairs - S..
(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..
Under section 17-A of the Industrial Disputes Act, 1947 an award becomes enforceable on the expiry of 30 days from the date of its publication. Once an award becomes enforceable, the industrial tribunal or the labour court, as the case may be, becom..
Penal Code, 1860, Sections 302, 120B, 201 r/w 34 - Acquittal - Benefit to co-accused - Acquittal of similarly placed co-accused in on the same set of facts and on similar accusations - A departure may be made in case where accused had not surrendered..
Civil Procedure Code, 1908, Order 23 Rule 3 and Rule 3A - Compromise decree - Held that while it is true that decrees of civil Courts which have attained finality should not be interfered lightly, challenge to such compromise decrees by an aggrieved ..
Code of Criminal Procedure, 1973, s. 125 - Whether interim maintenance could be awarded in absence of specific and express provision; whether the applicant-wife and her daughter are entitled to maintenance from the date of the order passed by the Fam..
Maint contractor liable for resale tax under section 6-B of the KST Act, 1957..
(A) Promissory estoppel - Pay protection - Appellant had been given the benefit of pay protection - Offer of appointment cannot be read so as to extend such benefits in regard to the applicability of the recommendations of the Fifth Pay Commission wh..
Industrial Disputes Act, 1947, Sections 2(s) and 25F - Award - Non application of mind - Termination - Daily wager-muster roll employee - Reinstatement directed for violation of section 25F of the Act - Appellant specifically pleaded that it is part ..
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