Natural justice -- Challenge that competent authority has not applied its mind before order of removal from Presidentship and Membership of Municipal Council - 14 charges levelled against petitioner and after consideration of reply competent authority found that only 5 charges have been proved - Order indicates that competent authority not only noticed allegations but..........
Service -- Department enquiry - Copies of documents mentioned in charge sheet not supplied - Nor any offer made to inspect documents - Copies of statements recorded during preliminary enquiry not supplied despite request - Principles of natural justice violated - Entire departmental proceedings stood vitiated...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Adultery and cruelty - Wife found to be in love with person other than her husband and had also written letters to him - Both of them had opportunity and occasions to meet - Wife had opportunity to commit intercourse with him in natural course of things - After marriage wife was missing and recovered from the house of her..........
Criminal trial -- Related witnesses - The situation and time was such that no independent witness could be expected to be present - The venue of the incident was inside the dwelling house of the deceased and the time of the incident was near midnight - Held, in such a situation the inmates of the house would be the most natural witnesses to such occurrence and as such they..........
Natural justice -- Maintenance - Subject of maintenance covered by statute law - No scope to invoke the principles of justice, equity and good conscience where legislative enactments on the subject do not permit grant of maintenance to a woman who was a party to bigamous marriage...........
Indian Penal Code, 1860, Section 147, 148, 302, 149, 302, 34 -- Conviction by trial Court - High Court acquitted in appeal - Appeal against - High Court acquitted on ground that evidence of eye witnesses was contradictory to Medical evidence and that no independent witnesses were examined from locality and that they were partisan witnesses - That evidence of P.W. 7 was..........
Will -- Propounder not residing with the testator - Not a ground to doubt the genuineness of the Will - Disinheritance of other legal heirs by itself is also no ground to doubt the genuineness - Non mention of names of other legal heirs in the Will cannot be a reason to doubt the validity of the Will - It is well settled that if execution of the Will is proved, its..........
Haryana Panchayati Raj Act, 1994, Section 51(3)(c) - - Removal of Panch (Up - Sarpanch) - Speaking order - Necessary - Before taking extreme step to remove a person from office of Panch - Director or Deputy Commissioner required to pass a detailed and self - speaking order - Order of removal does not disclose details of evidence sufficient to pass order nor whether placed..........
Indian Penal Code, 1860, Section 302, 34, 109 -- Conviction of father for exhorting his son to kill deceased - Four eye witnesses - Their evidence not consistent as regards the actual words spoken by the appellant before his son - Two witnesses made material improvements - Trivial reason like scolding by a neighbour found not natural for an aged father to exhort his son to..........
Will -- Registered - Natural heirs disinherited without any reason - Belated mention of the execution of Will in additional written statement - Doubt as to identification of executant before Sub Registrar - Scribe not deposing that he knew the executant of Will - Propounder of Will not dispelling these suspicious circumstances - Will not accepted as validly executed by..........
