Service -- Inter se seniority - Where selections are held separately by different recruiting authorities, principle of initial date of appointment/continuous officiating may be the valid principle to be considered for adjudging inter se seniority of officers in the absence of any rule or guidelines in determining seniority to contrary...........
Indian Penal Code, 1860, Section 302, 34, 324, Explosive Substances Act, 1908, Section 3, 4 -- Murder and Voluntarily causing hurt by dangerous weapons - Accused hatched criminal conspiracy and committed murder of deceased by firing gun shot and blasting bomb - Informant, eye witness, resident of other village but acquainted accused during incident proving his presence by..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Issue regarding title - Court may decide issue regarding title even in a suit for injunction, if there are necessary pleadings regarding title and appropriate issues relating to title on which parties lead evidence, if matter involved is simple and straightforward - However, such cases are exception to the..........
Uttar Pradesh Urban Buildings (Regulation of Letting to Rent and Eviction) Act, 1972, Section 21(1)(a) -- Eviction petition - Release application for need of son of landlord - Plea of tenants that they are tenants for last 60-70 years and therefore as per R.16(2)(a) of U.P. Urban Building (Regulation of Letting Rent and Eviction) Rules application for release does not..........
Judicial service -- Promotion through Limited Competitive Examinations (LCE) - Dispute concerns seniority inter se - R.11(4)(b) of Rules 2017 alters criteria for determination of seniority from merit to inter se seniority in lower cadre - Seniority of petitioners which has been determined prior to 2017 Rules cannot be disturbed - Petitioners will not be adversely effected..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Petitioner being a third party earlier also attempted to be impleaded by defendant but having failed on such attempt present application is filed as a second round of litigation - Plaintiff in a suit is a dominus litis and he has his own choice to implead a person..........
Service -- Promotion on basis of departmental examination - Selection process - Challenge as to - Petitioners raised ambiguity in process of conducting written examination, as Subjects C and D were clubbed as one paper - However, it is clear from Rule applicable that there are four different subjects and candidates should secure 50% marks in each subject to be qualified -..........
Government of National Capital Territory of Delhi Act, 1991, Section 18, 37, Rules of procedure -- Rules of Procedure and Conduct of Business of Legislative Assembly of National Capital Territory of Delhi, 2002, Rule 172 - Quashing of summons - Plea filed by Facebook India - Peace and Harmony Committee of Delhi Assembly sought appearance of MD of Facebook India in an..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - Law as to grant of ad interim injunction : Joint ownership and absence of consent of co-owner(s) is definitely a relevant fact to be considered for granting stay in suit filed by a co-owner but it cannot be a straitjacket formula to grant stay in each and every case - Moreover,..........
Evidence Act, 1872, Section 32 -- Dying declaration not reliable for the reasons : (i) Narration of events in the dying declaration is so accurate, that even a witness in the normal state of mind, cannot be expected to depose with such precision; (ii) Injured victim was an illiterate old person and it appears beyond human probabilities that she would have been able to..........
