Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Applicant was minor at the time of filing appeal - She was minor when service was effected and on that basis minor was proceed ex parte - Court rightly observed that decree against minor is nullity and if appeal is admitted for rehearing the same would be beneficial for the appellant himself - That was..........
Advocates Act, 1961, Section 24, 28 -- Enrollment with Bar Council - Directions:- (i) Bar Council are directed to verify whether the candidates who apply for enrollment after crossing 40 years of age have rightly obtained Law Degree or not and if they have obtained Law Degree while in service then they shall not be enrolled; (ii) Bar Councils shall verify the ration card,..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitral award - Setting aside - Work contract - Arbitral tribunal awarded claims to respondent claimant after considering the facts of case - Assessment made by Arbitral Tribunal as affirmed by High Court was definitely within its jurisdiction - Construction of terms of a contract is primarily for an Arbitrator or..........
Service -- Termination - Reinstatement with back wages - Termination of appellant is bad in law for no, compliance of mandatory provisions of Industrial Disputes Act and Delhi School Education Act - Respondent School has not produced any evidence to show that retrenchment of appellant was necessary as he had become `surplus' - No evidence on record that appellant gainfully..........
Service -- Appointment - Reserved category - Appellant appointed to the post of High School Assistant in a Government School under reserved category claiming herself to be SC as belonging to Thandan Community - Thandan Community treated as SC on the basis of SC and ST Orders Act - Merely because appellant belongs to Ezhuvas/Thiyyas, is irrelevant as these Castes were..........
Indian Penal Code, 1860, Section 376, 452, 323, 506 -- Rape of deaf and dumb married woman - Eye witnesses to the incident not supported prosecution case - Victim who is deaf and dumb by birth herself stated by signs and gestures that she absolutely has no knowledge about incident - Victim also stated that neither accused entered her house nor he left her - Moreover,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Trade mark - Injunction - Against use of plaintiffs DTH services and trade name `Tata Sky' on any of the defendants website - Plaintiffs have been licensed by Government of India for conducting business of DTH operator and subscribers are not entitled to re-transmit DTH signals through any means - However, defendants..........
Service -- Appointment of Law Officers - No procedure for selecting practising advocates for appointment as law officers has been prescribed in the States of Punjab and Haryana - No Selection or Search Committee is constituted - States cannot in discharge of their public duty and power to select and appoint State - In the absence of any statutory provisions regulating..........
Service -- Misconduct - Removal from service - Appellant not challenged any order of Tribunal regarding violation of Rules and proportionality of punishment - He cannot now before Supreme Court be permitted to raise any ground as regards proof or otherwise of misconduct alleged against him...........
Service -- Misconduct - Removal from service - Proportionality of punishment - Appellant an ex-serviceman from Armed Forces after retirement was re-employed in Cabinet Secretariat in Motor Transport Department - Service put in by appellant in Army cannot be tagged along with service after his re-employment in Cabinet Secretariat - Service can be counted from the date of..........
