Service -- Appointment - Advertisement for two posts of lecturers for college - It was mandatory on the part of Commission to recommend two plus two candidates - But the Commission recommended two candidates for first post out of which one was appointed - Commission not followed the mandatory provision of S.2(9) of Bihar College Service Commission Act - Commission was not..........
Indian Penal Code, 1860, Section 302, 364, 201, 34 -- Murder - Honour killing - Accused convicted - Imposition of fixed term of sentence - Identification of deceased - Deceased was burnt to such point that his own mother could only suggest the identification from the small size of one u, burnt palm - Identification had to be confirmed by DNA testing - Evidence on record..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration to the effect that plaintiff is Donor trustee - Plaintiff became donor trustee after death of her husband, as nominated by him - Said nomination in favour of plaintiff vide resolution 1994 was approved by State Government - Concurrent findings of Courts below cannot be found fault with declaring plaintiff being..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent prohibitory injunction - Declaration sought that suit property is ancestral property and it cannot be divested by father of plaintiff by way of relinquishment deed - No material adduced by plaintiff that suit land was ancestral property and plaintiff having coparcenary rights over the same - As..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denied on the ground that she had withdrawn from the company of husband without any reasonable cause - However, said fact is disproved by setting aside decree of divorce in favour of husband - It is proved on record that husband deprived wife and son from bare sustenance in an effort to financially..........
Punjab State Election Act, 1994, Section 76, 78, Punjab Panchayat Election Rules, 1994, Section 50 -- Election petition -Election to post of Sarpanch of village Gurhi Sanghar and respondent name in voter list of village Mallan - Respondent submitted an application to Block Level Officer for deleting his name from voter list prior to holding election - In respect of..........
Land Acquisition Act, 1894, Section 6 -- Acquisition of land - Notification u/s 6 of Act - In the formal notification decision on the report of Collector was taken in the name of Governor - No fault found in the said notification on the ground that it is contrary or inconsistent with the provisions of Art.166 of Constitution...........
Motor Vehicles Act, 1988, Section 149(2), 166 -- Permit - Mere s ubmission of application for issuance of permit cannot make owner of transport vehicle entitled to ply vehicle - Permit was issued after eight days of accident - No fault can be found in findings of Tribunal giving recovery rights to Insurance Company against insured...........
Service -- Revised pay scale - Recovery of excess amount - Respondent while opting for revised pay scale furnished an undertaking that he would be liable to refund any excess payment made to him - He is bound by the undertaking - No fault in recovering excess amount from respondent - However, recovery should be made in reasonable instalments...........
Work contract -- Appointment of arbitrators in view of arbitration clause - Letter addressed to NTPC by appellant was admittedly received by NTPC - However, neither of them took appropriate and required steps in matter within 60 days as per arbitration clause of contract - Consequently, step taken by appellant to approach Institution of Engineers requesting President to..........
