Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal before NCLAT - Condonation of delay - Delay of 44 days in filing appeal - Limitation period prescribed to prefer an appeal is 30 days - There was delay of 44 days in preferring appeal, which was beyond the period of 15 days which maximum could have been condoned - NCLAT committed no error in dismissing appeal...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 201, 149, 120B -- Bail during pendency of appeal - Appeal against conviction - Murder case - High Court while granting bail to accused not at all appreciated and considered the fact that trial Court on appreciation of evidence convicted accused - There is total lack of clarity on submissions,..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Grounds raised by petitioner have been considered and noticed by Court while passing order under review - Entire endeavour of petitioner is to seek re-hearing of appeal on merits which cannot be permitted - Review can be entertained only if there is an error apparent on face of the record - Application..........
Service -- Disciplinary enquiry - Charge sheet - Acts of indiscipline and insubordination - Allegation against respondent is that he committed acts of indiscipline and insubordination by not following instructions issued by his superior officers regarding disbanding of Gunda Squad - Charge sheet together with statement of imputations contained a detailed elaboration of..........
Services and Admission in Educational Institutions -- Reservation of backward classes - Identification of creamy layer - Notifications dated 17.8.2016 and 28.8.2018 issued by Government of Haryana - Validity - Identification and exclusion of creamy layer has to be on the basis of social, economic and other relevant factors as per S.5(2) of 2016 Act - However, State of..........
Civil Procedure Code, 1908, Section 114 -- Review - Application for review filed after 56 years cannot be allowed, as one can find no error apparent after 50 years for Court to exercise jurisdiction of review - Review application rightly dismissed...........
Civil Procedure Code, 1908, Order 47, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 19 -- Reviewing/recalling of order dismissing second appeal - Second appeal dismissed in absence of counsel for defendants - Even, incorrect facts were brought before Court on behalf of plaintiff with regard to maintainability of second appeal - There is error apparent on face of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Court can exercise its power to review only when there is an error apparent on the face of record - An error which is to be fished out by a process of reasoning cannot be said to be an error apparent on the face of record - Reviewing Court has no power to review the judgment where error in the judgment is to be..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Names of respondents were mentioned in FIR as well as in statements of PWs recorded during investigation and given before Court - Trial Court committed manifest error in rejecting application for summoning and proceeding against respondents - Application allowed...........
Caste certificate -- Verification - Committee declined to verify caste certificate on ground that certificate issued to a migrant from another State - Committee committed error in declining to verify a certificate issued, validity and genuineness of which was not in issue - Moreover, caste certificate was not issued by another State - Appellant thus, held a valid caste..........
