Service -- Appointment - Denial of marks for additional qualification of PG degree - Procedure for selection was provided in vacancy circular - Instead of following the said procedure, institute choose to adopt a new method - Denial of 6 marks for additional qualification of a PG degree that possessed by appellant is illegal and arbitrary - However, school was closed..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Discretionary power u/s 319 Cr.P.C. to be used sparingly where circumstances of the case so warrant - In the instant case, materials on record could not be said to have satisfied i.e more than a prima facie case as exercised at the time of framing of charge but short of evidence that if left..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Board of Revenue cannot proceed with the hearing of appeal unless pending application U.O.41.R.27 CPC is disposed of in accordance with law...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Second appeal filed by plaintiff is pending before Board of revenue - Board of Revenue cannot proceed with hearing of appeal unless pending application U.O.41.R.27 CPC is disposed of in accordance with law - Board of Revenue held, directed to decide the application U.O.41.R.27 CPC..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced in evidence are relevant and crucial to decision of case - First appellate Court has erred in refusing to permit petitioner to produce and prove the same - Even if documents were in the knowledge of petitioners same could be allowed subject to payment..........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Appeal - Non-filing of certified copy of order/judgment appealed against alongwith memorandum of appeal - Mere delay in enclosing a certified copy of order/judgment appealed against alongwith memorandum of appeal should not have come in the way of appellant's appeal for being considered on merits by appellate Court -..........
Criminal Procedure Code, 1973, Section 319, 227 -- Summoning of additional accused - Person who is summoned u/s 319 Cr.P.C, cannot avail the remedy of discharge u/s 227 Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prosecutrix levelled specific allegations against additional accused summoned while recording her statement u/s 164 Cr.P.C during course of investigation - Order of summoning of additional accused is proper...........
Agreement to sell -- Specific performance - Plaintiff can seek additional as well as alternative relief in the same suit - Claim of such reliefs does not in any way adversely impact primary relief i.e. specific performance of agreement to sell...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 304, 506, 34 -- Summoning of additional accused - Offence u/ss 304, 506, 34 IPC - PWs 1 to 4 specifically named petitioner and co-accused who participated in the assault on deceased - There is thus, prima facie evidence to summon petitioner for trial in question - Application rightly allowed...........
