Service -- Dismissal - Disciplinary inquiry - Allegations in the charge sheet were based on documentary evidence which was before the inquiry officer - There was no factual dispute about the correctness of illegalities and irregularities alleged in the charge sheet - Principles of natural justice were followed during the disciplinary inquiry - Respondent/employee..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Concurrent findings on record that plaintiff failed to prove that he is owner of suit property - Even qua construction of shop there was no cogent evidence led by plaintiff - Even, plaintiff stated in his cross-examination that he had no information as to whether any..........
Civil Procedure Code, 1908, Section 11, 100 -- Res judicata - Suits filed by plaintiff and defendant were tried jointly - Suit filed by plaintiff was dismissed and suit filed by defendant was decreed by trial Court - However, in first appeal suit of defendant was dismissed and plaintiff's suit decreed - Defendant has not filed second appeal against dismissal of his appeal..........
Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 377 -- Appeal against conviction - Unnatural offences - Sodomy - Forced alcohol consumption by accused to victim - Victim admitted that he used to smoke but not drink - Merely because victim admitted to smoke, would not be a ground that he is of a deviant character - Victim has no..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Object of local investigation by appointing commissioner is not to collect evidence which can be adduced in the Court - It is the Court who has to decide the matter on the basis of evidence to be adduced by parties or evidences already on record...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact on record that plaintiff had encroached upon some portion of Government land - Demarcation report is on record which shows that plaintiff had encroached upon government land - No evidence to disprove the said demarcation report was led by plaintiff nor any..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Disclosure statement of applicant and other co-accused persons without corroboration is not permissible as evidence...........
Practice and Procedure -- Civil cases are required to be decided on preponderance of evidence - Overwhelming documentary evidence cannot be discarded on basis of minor discrepancies in oral evidence...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 138 -- Dishonour of cheque - Closure of further cross-examination of accused - Earlier on three occasions, cross-examination of petitioner was done and simply because he failed to appear on next date, his further cross-examination has been closed - Closing further cross-examination would mean that..........
Civil Procedure Code, 1908, Section 151 -- Reopening of evidence of plaintiff - Ample opportunities were granted to plaintiffs for adducing evidence but they could not adduce same before trial Court - Trial Court closed the plaintiffs opportunity to adduce evidence - However, it is just and proper to grant an opportunity to plaintiffs to adduce evidence subject to payment..........
