Service -- Compulsory retirement - Doubtful integrity - It is the function of the Appointing Authority or the immediate superior of that employee to consider and assess - It is not the function of the Review Committee to brand an employee as a person of doubtful integrity...........
Natural justice -- Quasi - judicial authority - Must comply with rules of natural justice - Order to be passed only after considering material placed before it and in objective manner - Manner in which quasi - judicial authority should discharge its function : (1) it is in substance a determination upon investigation of question by the application of objective standards..........
Civil Procedure Code, 1908, Section 47 -- Only function of Executing Court - To execute the decree as it is - Cannot add something to it at its own level - - Court decreeing the suit not awarded interest - Executing Court cannot grant interest to decree - holder...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Suit for permanent injunction - Local Commissioner cannot be appointed for ascertaining as to who was in possession of the suit property at the time of filing of suit - It is the duty of Court to decide the same on the basis of oral and documentary evidence that may be led by parties during trial of suit - Such a function..........
Punjab Land Revenue Act, Section 111,112,113,114,115,116,117,118,119,120,121 -- Passages to various parties in partition proceedings - Very important function of Revenue Officers - Tak of co - sharer not connected to Abadi directly - Has to first approach metalled road and thereafter traverse a long and circuitous route along this road before reaching his residence -..........
Electricity Act, 1910, Section 26 -- Meter not recording correctly - Fuse in the potential transformer (PT) was found blown off as a result thereof electricity consumed was not correctly recorded in the meter - Only function of the PT was to enable the ascertaining or regulating of the amount of energy - Instrument namely PT has to be regarded as a meter in terms of..........
Constitution of India, 1950, Article 226 -- Lease of Government property - Action of Authorities to lease out properties - Nothing to do with sovereign function of State nor it pertains to field of public law obligation - Does not warrant exercise of jurisdiction by High Court to compel Authorities to modify terms and conditions on which renewal of lease being offered...........
Criminal Procedure Code, 1973, Section 439(2) -- Anticipatory bail - Cancellation - Appeal against dismissal of application - Granted by Sessions Judge - In Appeal High Court injuncted Directorate from arresting respondent and time and places for carrying out interrogations also fixed - Held, it is not the function of Court to monitor investigation processes so long as..........
INVESTIGATION -- It is not the function of Court to monitor investigation processes so long as such investigation does not transgress any provisions of law - It must be left to the investigating agency to decide the venue, the timings and the questions and the manner of putting such questions to persons involved in such offences...........
Criminal Procedure Code, 1973, Section 154(1) -- FIR - Registration of - If the allegations of a complaint disclose a cognizable offence and information regarding cognizable offence is just laid before the S.H.O. the S.H.O. is duty bound to register the case - The police at that stage cannot be assigned with judicial functions which will be gone through by the law courts..........
