Service -- Members of Enquiry Committee also members of Disciplinary Authority - 3 Members of Enquiry Committee were members of the Board also who was to take a decision as to whether report of Enquiry Committee was to be accepted or not - Real apprehension in the mind of respondent that he will not get a fair justice as members who submitted the enquiry report would be..........
Hindu Marriage Act, 1955, Section 13A -- Judicial separation - Appellant has first to make out a ground for divorce and then the Court may instead grant a decree of judicial separation - When no ground for divorce is made out decree of judicial separation cannot be passed - Finding on issue of desertion and cruelty has gone against the appellant and that has attained..........
Criminal Procedure Code, 1973, Section 374, 386 -- Appeal against conviction - No infirmity in the concurrent findings of trial Court and High Court - No interference required - Appeal dismissed...........
Delhi Special Police Establishment Act, 1946, Section 3, 5, 6 -- Consent of State Govt. - Appellant appeared in examination conducted by UPSC at Bhopal - Found to be in possession of pre-written answer sheets - Charge sheeted by CBI - Question of consent of State Govt. arose which was required u/s 6 of the Act to enable the Central Govt. to invoke provisions of the Act -..........
Punjab Excise Act, 1914, Section 61 -- As amended by Punjab Act No.10 of 2003, w.e.f. 2.5.2003 - Punjab Excise Powers and Appeal Orders, 1956, Clause 5 - Recovery of 8 bottles of liquor - In view of the amended provision offence is triable by Deputy Excise and Taxation Commissioner - However FIR lodged in police station and challan presented in Court and charges framed -..........
Punjab Excise Act, 1914, Section 61 -- (As amended by Punjab Act No.10 of 2003, w.e.f. 2.5.2003), Punjab Excise Powers and Appeal Orders, 1956, Clause 5 - Recovery of 8 bottles of liquor - In view of the amended provision offence is triable by Deputy Excise and Taxation Commissioner - However FIR lodged in police station and challan presented in Court and charges framed -..........
Indian Penal Code, 1860, Section Ss.376, 324, 34, 342 -- Conviction - Appeal against - High Court by a practically non reasoned order dismissed appeal - Manner in which appeal dealt with not a correct way to deal with appeal - High Court did not made an attempt to appreciate rival stand and to analyse evidence in its proper perspective - Impugned order of High Court set..........
Consumer Protection Act, 1986, Section 21 -- Appeal - Condonation of delay - Appeal by Govt. Deptt - No special provisions though there is lengthy process is alleged to be involved - There could be delay of few days or few weeks - Delay of over one year - Application does not sufficiently explain the delay caused - Valuable right has accrued to the consumer who is pitted..........
Insurance claim -- Driving licence - Non holding of driving licence by driver - The application for compensation dismissed against Insurance Company - Respondents owner and driver of the vehicle rightly held liable to pay compensation and appeal dismissed...........
Transfer of Property Act, 1882, Section 106 -- Cancellation of perpetual lease - Lease cancelled and possession of land taken over - Contention that lease was wrongly cancelled - No specific plea raised or substantiated as to how the Director of Industries was not competent to cancel the lease deed or to exercise the powers - No substantial question of law arises for..........
