Service -- Merger of cadres - Challenge as to - Level of posts being merged was examined and it was opined that these were at the same level - Though there used to be slight difference of pay scales, however, that was also brought at par w.e.f 1.1.1996 - State Government had considered the entire gamut of facts including educational qualifications, duties and..........
Criminal Procedure Code, 1973, Section 233 -- Consolidation/clubbing of cases - Accused 60 years old foisted with several cases in States of MP, Karnataka and Jharkhand for similar offences - No objection expressed by State if cases in State of MP are consolidated and listed before one Court having jurisdiction - All the cases pending in State of MP shall be consolidated..........
Stamp Act, 1899, Section 35, Article 23 -- (As amended in State of MP) - Stamp duty - Document not required to be stamped as same executed prior to amendments - S.35 of the Act not applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)ii)(B) -- Contraband - PW5/independent witness categorically stated that he signed arrest memo and mahazar at the spot but he did not identify accused before Court - Other independent witness PW9 is a person having acquaintance with accused for about 10 years - It is thus, confirmed that PW9 did not state..........
Consumer Protection Act, 1986, Section 17(b) -- Territorial jurisdiction of State Commission - Accident - Damage to car - Accident has occurred at Gurgaon - However, insurer as well as dealer were carrying on business from their offices in Delhi - State Commission at Delhi has territorial jurisdiction to entertain complaint...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Delay in providing intimation to insurer - Car accident - Accident took place on national highway - Owner immediately requested dealer to shift the vehicle to their garage - Finding of fact recorded by State as well as National Commission that dealer immediately informed the insurer - Moreover,..........
Service -- Appointment - Appointments cannot be made over and above the vacancies which have been advertised, except in an emergency situation or for some unforeseen reasons, in public interest or when a policy decision is taken by State Government in this regard...........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Rape - Age of prosecutrix - I.O. failed to produce any medical evidence or other documentary evidence to prove that prosecutrix was aged below 18 years as on the date of registering FIR - Father of prosecutrix also did not state about age of prosecutrix - Prosecution has miserably failed to prove that..........
Evidence Act, 1872, Section 32 -- Dying declaration - Dying declaration was thumb marked by deceased - But it is not the case of prosecution that deceased was illiterate - Doctor also does not state that injured was in a condition to sign - Person who took down such declaration and police officer who endorsed said document not examined - Numerous people present near..........
Constitution of India, 1950, Article 32 -- Clubbing of FIRs - Multiple FIRs against petitioner in different States cannot be clubbed together when not only offences under provisions of IPC are invoked but also provisions of respective State enactments are involved...........
