Unlawful Activities Act, 1967, Section 44 -- Protection of witnesses - Application for protection of witnesses u/s 44 (2) of the Act can be filed either by a witness or by Public Prosecutor - Trial Court can also on its own motion, if conditions mentioned in S.44(2) of the Act are made out, take appropriate measures as it deems it for keeping identity and address of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Appearance of presiding officer in a public gathering of handing over of land by revenue officials which figures respondent no.3 cannot be a ground for transfer - Application dismissed...........
Criminal Procedure Code, 1973, Section 167 -- Police remand - Investigating agency neither sought supplementary investigation nor requested police custody of respondents - Public Prosecutor without such a request had no independent authority to seek police remand u/s 167 Cr.P.C...........
Public road -- Construction of religious structure - Removal of encroachment - It is not open to any person to construct a religious structure on a public thoroughfare/road and thereafter, project religious feelings as a ground to resist removal of such encroachment...........
Public road -- Construction of religious structure - Removal of encroachment - A road or a street does not have any religious character - Irrespective of nature of superstructure, whether it is religious or irreligious, in case it is an encroachment on a street or a public place or on a land vested to or belonging to a local body, Commissioner is statutorily required to..........
Public road -- Construction of religious structure - Removal of encroachment - Every minute, second that an illegal superstructure is on a public road or a street, it gives a fresh cause of action to Commissioner to invoke his power u/s 128 of Local Bodies Act...........
Auction sale -- Authorities (such as Banks, recovery officers or State bodies) conducting public auctions are legally required to disclose all known encumbrances and litigation relating to property, as failure to do so invalidates the sale - Suppressing such material facts renders auction fraudulent or vitiated by material irregularity...........
Service -- Recruitment - Judicial review - Scope of judicial review in matters of public employment does not extend to questioning State's wisdom or policy in prescribing minimum eligibility requirements for a public post - Qualifications are prescribed keeping in view the needs and interests of an institution, an industry or an establishment, as the case may be...........
Service -- Appointment - Although recommendations made by Public Service Commission are not binding and hence, may or may not be accepted by Government of State - However, State government has no authority to appoint anyone not recommended by Public Service Commission...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r) -- Offence u/s 3(1)(r) of SC/ST Act - Abusing any member of a SC or a ST community by his caste name within public view by a non-member of SC or ST community would attract offence u/s 3(1)(r) of the Act...........
