September 2017

Voluntary Retirement Scheme–Pension -Employees who apply for voluntary retirement after serving a minimum period of 15 years under a special/adhoc scheme formulated with the specific approval of the Government and the Board of Directors, will be eligible for pro-rata pension for the period of service rendered as if they are to retire on attaining the age of superannuation on that date.

By | September 21st, 2017|Categories: Service Cases|

Murder–Even if the recovery of the weapons as claimed was after a long period and those were not sent for forensic examination that does not in any way dilute the evidentiary value of the prosecution version.

By | September 21st, 2017|Categories: Murder|

Cognizance–Taking of–Bar of Limitation–The relevant date for deciding whether the complaint is barred by limitation is the date of the filing of complaint and not issuance of process or taking of cognizance by Court.

By | September 21st, 2017|Categories: Limitation Act|

Termination–Reservation–In advertisement, authorities failed to mention in regard to reservation for handicapped person at the outset–Appellants who were handicapped person were appointed–On Contempt petition State cancelled the selection and terminated the service–Service restored with backwages.

By | September 15th, 2017|Categories: Service Cases|

Registration of FIR–High Court should discourage the practice of filing a writ petition or petition under Section 482 Cr.P.C. simply because a person has a grievance that his FIR has not been registered by the police, or after being registered, proper investigation has not been done by the police.

By | September 15th, 2017|Categories: FIR -- Registration of|

Gratuity–Where a benefit has been extended by the Authorities under the Act to the workman by recording a finding that the applicant had completed requisite service of 5 years to be eligible to get gratuity–High Court should not interfere with such findings even if another view is possible.

By | September 11th, 2017|Categories: Uncategorized|

Rents Law–A Member of a tenant co-partnership Housing Societies is not a tenant within the meaning of section 5(11) of the Rent Act. Rents Law–The question regarding legality or otherwise of the creation of tenancy right by the Member, which amounts to transfer of interest of a Member in the property of cooperative society, can be decided by raising a dispute before the Co-operative Court.

By | September 11th, 2017|Categories: Co-operative Societies Act|

Will–Execution of–Suspicious circumstances–Attesting witness not known to her and even it was not known why she was called and who called her to attest the will is shrouded in mystery–Several cuttings and over writings were also in the will.

By | September 10th, 2017|Categories: Will|

Damages–Court cannot grant damages or compensation on equitable consideration even if the plaintiff was entitled to damages. Issues–High Court could not frame the additional issues of its own which did not arise for consideration in the suit or in the appeal.

By | September 9th, 2017|Categories: Specific Relief Act|

Contraband–Secret Information–Fax message–The contents of a document could be held to have been proved in terms of section 66 only when the contents are decipherable and not otherwise. Contraband–Secret information–An officer who received such information was bound to reduce the same in writing and not for the person who hears thereabout.

By | September 9th, 2017|Categories: Narcotics|

Appeal against acquittal–Interference with a judgment of acquittal may not be made when two views are possible to be taken, but when on appraisal thereof, only one view is possible, the appellate court would not hesitate to inerfere with the judgment of acquittal. Nobody shall be compelled to be a witness against himself –To be a witness” may be equivalent to “furnishing evidence” in the sense of making oral or written statements, but not in the larger sense of the expression so as to include giving of thumb impression or impression of palm or foot or fingers or specimen writing or exposing a part of the body by an accused person for purpose of identification.

By | September 8th, 2017|Categories: CBI cases|

Cognizance–Taking of–Power of Magistrate–Explained. Final Report–Protest Petition–Notice to informant–Magistrate has to give notice to the informant and provide an opportunity to be heard at time of consideration of report. Final Report–Notice to informant–The informant is entitled to a notice and an opportunity to be heard at the time of consideration of the report– Position is different so far as an injured person or a relative of the deceased, who is not an informant, is concerned. They are not entitled to any notice.

By | September 8th, 2017|Categories: FIR -- Registration of|

Municipal Corporation of Chandigarh Election Symbols (Reservation & Allotment) Order 2016, Para 4(d)–Election Symbol–CPl(M) is no longer a State party and though registered would come within the ambit of unrecognized party

By | September 7th, 2017|Categories: Election Laws|

Maintainability of Public Interest Litigation Rules, 2010–Clause 6–Locus Standi-Petitioner has to specially disclose his credentials and his direct or indirect personal motive or interest involved in the case, if any, by way of an affidavit

By | September 7th, 2017|Categories: Constitution of India|

Haryana Canal & Drainage Act, 1974, S.21–Watercourse–Acquisition of land-­ Appellant does not question the necessity of acquisition but merely objects to the exchange

By | September 6th, 2017|Categories: Haryana Canal and Drainage Act|

Indian Penal Code, S.307 & S.308–Attempt to Murder-Attempt to Culpable Homicide–Injuries were result of hurling of bricks-Held; offence falls under S.308 IPC and not S.307 IPC–Directed accordingly.

By | September 5th, 2017|Categories: Attempt to Murder|