Service -- Dismissal - Finding of guilt recorded by Enquiry Officer in his report is with regard to Charges Nos.2-7, which was confirmed by Disciplinary authority in appeal after affording reasonable opportunity to employee and expressed his brief reasons for upholding finding of guilt and penalty of dismissal - Mere fact that employee was not heard before holding him..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Points raised by defendant in the application are matter for trial and same cannot be decided at this stage due to restricted scope of enquiry U.O.7.R.11 CPC - Application rejected...........
Succession Act, 1925, Section 372 -- Succession certificate - Claimed by Class-II legal heirs of deceased - Revenue authority rejected the claim of petitioners solely on basis that as per Circular no.9 of 2019, petitioner have to approach competent civil Court for redressing their grievance - However, revenue Inspector could conduct an enquiry with relatives and neighbours..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Police aid - To implement ex parte ad interim injunction order - Courts not to usually order grant of police aid to implement order of ex parte ad interim injunction order - Since it is not an order on merits after hearing both the parties, Court would be very slow in granting police aid, till possession and rights of..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 306 -- Framing of charge - Offence u/s 306 IPC - Court is not required to consider pros and cons of case at the stage of charge and to hold an enquiry to find out truth - Sessions Judge has taken into account all relevant material and framed the charge - Order framing charge is proper...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Enquiry should consist not only of examination of witnesses produced by either party, but also of examination of alleged lunatic by judge, either in open Court or chambers...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Court not examined mother of petitioner personally before appointing petitioner as guardian, next friend - There is no record to show that mother of petitioner is suffering from unsoundness of mind and a guardian/her daughter can be appointed to defend her, is unsustainable and liable to..........
Kerala Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 19 -- Eviction order - Power of District Magistrate - Order of eviction could be passed by District Magistrate only if on an enquiry it is found that such an order is necessary to ensure normal living of senior citizen with security and dignity...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - While examining a complaint, quashing of which is sought, Court cannot embark upon an enquiry as to reliability or genuineness or otherwise of allegations made in FIR or in complaint...........
Service -- Disciplinary proceedings - High Court while exercising Writ jurisdiction cannot re-appreciate evidence led during departmental enquiry...........
