Service -- Public recruitment - In matters of public recruitment, where large number of candidates participate, application forms are submitted online along with scanned eligibility documents, certificates, etc., such applications are processed through computer applications/software and therefore, any error in application is bound to result in rejection of candidature -..........
Criminal trial -- Right of accused to rely upon material in support of his defence does not ordinarily arise at the pre-trial or charge stage and such entitlement crystallizes only during stage of defence evidence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Party cannot ordinarily be permitted to withdraw clear and categorical admissions made in pleadings, particularly when such admissions confer a valuable right upon opposite party...........
Custody of child -- Writ of habeas corpus in child custody matters is maintainable only where detention is shown to be illegal or without authority of law - When child is in custody of a natural guardian such custody cannot ordinarily be termed as illegal so as to justify issuance of a writ, unless there are exceptional or compelling circumstances demonstrating immediate..........
Service -- Punishment - Post retirement - Punishment awarded is of reducing pay scale by three stages on permanent basis - Such reduction in pay scale would relate back to date the incumbent superannuated from service - Ordinarily, pension is computed based on salary last drawn/payable - Therefore, it would not be difficult to implement such a punishment as pension can be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Objection based on res judicata generally arises from pleadings contained in written statement which ordinarily cannot be considered at the stage of deciding application filed U.O.7.R.11 CPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question whether a cheque was issued by way of security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated in proceedings u/s 482 Cr.P.C...........
Service -- Judicial review - Re-evaluation of answer sheets - There cannot be re-evaluation of an answer sheet unless rules, regulations or policy expressly provide so - High Court cannot assume role of super examiner/subject expert and such an exercise should ordinarily be left to domain experts...........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Demand for return of money cannot by itself be construed as an act to be done with intention to instigate or provoke commission of suicide, as mere demand of money does not ordinarily drive a person to take such an extreme step...........
