Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Adverse remarks -- Expunging of - Adverse remarks were made by High Court against appellant No.2 who is senior IPS officer and appellant No.3/district collector during pendency of bail proceedings of respondent - Appellant No.2 is conducting investigation and has no personal involvement with the case - Moreover, no evidence against appellant No.2 has been analyzed by..........
Evidence Act, 1872, Section 45 -- Voice sample - During investigation - When accused denies to give voice sample, Magistrate ought to have noted down the fact of denial and nothing beyond that - In the impugned order observation regarding adverse inference to be drawn, struck off...........
Service -- Promotion - Annual Confidential Report (ACR) gradings - Un-communicated adverse ACRs may be even with "good" entry, which can be said to be adverse in the context of eligibility for promotion is not be relied upon for consideration of promotion...........
Evidence Act, 1872, Section 114(h), 112 -- Adverse inference - Refusal to undergo DNA test of child by mother - S.114(h) of the Act has no application to a case where a mother refuses to make child undergo DNA test. (As per judgment of V.Ramasubramanian, J.)..........
Evidence Act, 1872, Section 112 -- DNA test - Paternity of child - No plea has been raised by husband as to non-access in order to dislodge presumption u/s 112 of the Act - Husband has specifically claimed that he is in possession of call recordings/transcripts and daily diary of wife which would point infidelity of wife - It is not a case where DNA test would be only..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - Adverse inference can be drawn in view of complete denial and silence on the part of accused with regard to questions put to him u/s 313 Cr.P.C...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Concurrent findings of Courts below that plaintiffs are owners of suit property of which defendant is in unauthorized possession - Claim of defendant that he has became owner of suit land by way of adverse possession was considered and rejected - Suit was not found to be time barred -..........
Transfer of Property Act, 1882, Section 51 -- Scope - Applicability of the provision - In order to attract the provision occupant of land must have held possession under colour of title, his possession must not have been by mere possession of another but adverse to the title of the true owner and he must be under the bone fide belief that he has secured good title to the..........
