Constitution of India, 1950, Article 162, Maharashtra Universities Act, 1994, Section 8(3) -- Revised pay scale - Teaching staff of affiliated colleges - As per evidence on record GR of 2009 laid down policy of Government of Maharashtra to adopt pay scales stipulated by Government of India in its scheme of 2008, whereby teaching staff of various affiliated colleges and..........
Criminal Law (Amendment) Ordinance, 1994, Section 4, 6, 8, 9, Limitation Act, 1963, Section 29 -- Provisions of Limitation Act are applicable to Ordinance, which is special law, in view of S.29 of Limitation Act...........
Criminal Procedure Code, 1973, Section 482, Criminal Law (Amendment) Ordinance, 1944, Section 4, 8, 11 -- Refusal to release of original sale deed attached under Ordinance - Petition u/s 482 Cr.P.C. - Is not maintainable and remedy lies u/s 11 of Ordinance...........
Civil Procedure Code, 1908, Order 8, Rule 10, 5 -- Non fling of written statement - Judgment not to be passed invariably in all cases - Rule 10 has to be read alongwith rule 5 - Court is bound to follow the requirements which constitute rule 5 while rendering a judgment or pronouncing a judgment U.O.8.R.10 CPC - Court is expected to exercise its discretion while..........
Civil Procedure Code, 1908, Order 8, Rule 10, 5 -- Non filing of written statement - Not permissible to pronounce judgment by simply receiving a proof affidavit and document without looking into its content, its probative value, nature of document, admissibility of document etc...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Defendant proceeded ex parte after filing written statement - It is duty of Court to look in the pleading raised in the written statement, so as to have an appreciation with respect to the requirement of O.8.R.5 CPC including the specific denial of pleading of plaintiff, if any, or admission, if any, thereof...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of smack - Non-association of independent witnesses - No reasonable efforts were made by official witnesses to find independent witnesses so that they may join the search - After following some formality two constables were made independent witnesses and all proceedings were conducted in their..........
Indian Penal Code, 1860, Section 364, 302, 201, 34, 120B, Evidence Act, 1872, Section 8 -- Kidnapping - Murder - Motive - There is no documentary evidence with regard to land transaction between deceased and accused which is established by unshattered corroborated oral evidence - Therefore, absence of documentary evidence cannot discard motive proved by oral evidence...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of time to file written statement, beyond prescribed period, can be granted by Court in exceptional circumstances and due to reasons beyond control of defendant - But extension is not automatic - Prayer for seeking extension to file written statement has to be made in writing...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within stipulated time - Extension of time - Reason for not filing written statement within prescribed time was that summoning of remaining defendants was still not complete - Held, this is hardly a reason to justify the non fling of written statement within stipulated time frame...........
