Labour law -- Tribunal held that employees working as Super visors are entitled to Double Over Time Allowance - Claim of the respondents before the Tribunal was not based on any statutory rule but based entirely upon Section 59(1) of the 1948 Act - Workers covered by Factories Act do not enjoy the benefit of Government service - Therefore, Persons holding civil posts or..........
Conduct of Election Rules, 1961, Rule 39AA -- Open ballot - Constitutional validity of - Open ballot was necessitated to prevent cross-voting and flouting of party discipline - Rule does not prevent or foreclose exercise of right to vote but only regulates it - Fact that an alternate means could subserve the same end would not make Rule unconstitutional - Rule cannot be..........
Allotment of shed and auction platform -- Merely because a person is having a licence to do business in a particular shop, he is not entitled to auction platform as a matter of right and that too in front of and/or adjacent to his shop, particularly when there is no such rule and/or regulation and/or guideline supporting such a claim...........
Evidence Act, 1872, Section 24 -- Extra judicial confession - It is a weak piece of evidence - Were an extra-judicial confession is surrounded by suspicious circumstances, its credibility becomes doubtful and it loses its importance - It is a rule of caution where Court would generally look for an independent reliable corroboration before placing any reliance upon such..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Heinous offences alleged to be committed by responsible officers of State empowered with observance and implementation of law - Same is an aggravating factor to be taken note of, in deviation from general principles - If so, rigidity and not leniency is the rule of law - Anticipatory bail not granted...........
Evidence Act, 1872, Section 137 -- Evidence untested by cross examination - Cannot be rejected as inadmissible - Correct rule is that evidence is admissible - If evidence is inadmissible, Court is not entitled to consider it at all whereas if it is admissible, Court must decide on the circumstances of each case whether any weight should be attached to it or not...........
Evidence Act, 1872, Section 137 -- Evidence untested by cross examination - Cannot be rejected as inadmissible - Correct rule is that evidence is admissible but weight to be attached to such evidence should depend on circumstances of each case and that though in some cases Court may act upon it, if there is other evidence on record, its probative value may be very small..........
Evidence Act, 1872, Section 115 -- Principle of acquiescence or estoppel - Suit for recovery of possession - Concurrent findings on record that defendant was encroacher and objection was raised by plaintiff against construction - Plaintiff should not have shut out by rule of acquiescence or estoppel for having made a representation to make defendant to believe that she had..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Neither there is specific bar, nor hard and fast rule that Advocate Commissioner cannot be appointed before commencement of trial or before passing an order granting temporary injunction, particularly when appointment of an Advocate Commissioner would help in disposing application for..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Can be raised at the stage of framing of charge - It is not a rule that plea of alibi should be considered only at the stage of defence evidence...........
