Service -- Dismissal - Disciplinary proceedings - Non-supply of copy of preliminary Inquiry report - Mere assertion that some documents have not been supplied or even mentioning said documents would not be enough, unless consequential prejudice which would or has been caused to a delinquent employee is put forth - Court is not bound to simply accept an assertion of a..........
Foreigners Act, 1946, Section 9 -- Foreigner - Burden of proof - Appellant traced his ancestry from one `J' by claiming him to be his grandfather - Documents of voter lists and School leaving certificates were produced by appellant which were discarded by Tribunal and High Court being not proved - It is not the case of appellant that any material/admissible evidence was..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal - Permission to lead additional evidence in rebuttal - Defendant denied signatures of her father on documents in question and stated that documents were forged and fabricated - Plaintiffs led no affirmative evidence in rebuttal - Defendant evidence stood closed prior to filing of present application - Moreover,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C) -- Contraband - Appellant was not mentioned as accused in all the contemporary documents including memo of arrest - Accused is described as `S' - It is not put to appellant in her examination u/s 313 Cr.P.C that she is the same person as said `S' - Appellant was thus, deprived of an opportunity..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Claim of plaintiff is based on agreement to sell - Plaintiff was not able to prove prima facie case in his favour - Merely by producing photographs etc. petitioner could not prove his possession over plot in dispute - Defendants produced a number of documents to demolish case of plaintiff and were..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 230 -- Documents - Supply of copy to accused - Magistrate is bound to supply copy of police report and other documents to accused - Magistrate directed to comply with provision of S.230 BNSS and supply documents to petitioner as prayed for within a period of four weeks from the date of passing of order...........
Protection of Women From Domestic Violence Act, 2005, Section 23, 20 -- Interim Maintenance - Husband alleged irregularity in assessment of his income - Husband attempted to conceal his true income by not placing on record material documents, making vague assertions without proof and attempts to project unrealistically low income to avoid his legal obligation - No reason..........
Indian Penal Code, 1860, Section 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Cruelty - Dowry - Complainant alleged suffering miscarriage due to her family pushed her out of house - No medical documents from any medical institution or hospital or nursery produced to substantive allegations - Accused acquitted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - While considering application U.O.7.R.11 CPC, contents of plaint and documents appended thereto are relevant and it is duty of Court to find out clear right to sue and limitation - If on the basis of averments in plaint, it is manifest that suit is barred by limitation, Court need..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, only averments made in plaint and documents annexed with plaint are required to be considered...........
