Service -- Recruitment - Once a process of recruitment is set in motion, all aspirants are entitled in law to equal treatment - There cannot be different yardsticks for different sets of aspirants - Non-compliance with terms of advertisement/notification is bound to trigger adverse consequences of rejection of aspirant's claimed status by selecting body/appointing..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - Evidence of PW1 that A-2 caught-hold PW1 and appellant assaulted him with his hands is disbelieved by trial Court - When said evidence of PW1 is not separable from the remaining part of offence, trial Judge committed error in segregating the evidence, which is intrinsically inseparable one - Finding of..........
Arbitration and Conciliation Act, 1996, Section 16, 37 -- Arbitral award - Whether an arbitral award rendered under the Act, 1996 where the arbitration proceedings was to be governed by the MP Act, 1983, can be set-aside or annulled solely on the ground of lack of jurisdiction, even when no such plea was raised before the arbitral tribunal in terms of Section 16..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Prosecution failed to establish a proximate link between alleged acts of cruelty and deceased's decision to commit suicide - No specific evidence was found that accused instigated, provoked or aided deceased to take the extreme step - Witnesses deposed that one month back there was a quarrel between accused and..........
Transfer of Property Act, 1882, Section 10 -- Allotment of land by Govt. - Violation of conditions of allotment - Resumption order - High Court in its order held that land was sold on payment of market value as such Govt. could not have placed any condition restricting the enjoyment of land by land owner - But since Trust violated the conditions of allotment for which the..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Contributory negligence - Driver of offending vehicle was declared negligent to the extent of 50% by High Court - However, taking into account the examination-in-chief of driver of offending vehicle, it is impossible to come to a conclusion that deceased in any manner contributed to negligence - Finding of..........
Indian Penal Code, 1860, Section 147, 148, 149, 427, 307, 323, 504, 506, Criminal Law Amendment Act, 2013, Section 7, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 3, Prevention of Damage to Public Property Act, 1984, Section 2, 3 -- The impugned FIR and the gang chart fail to meet this essential threshold, as they rest largely on..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Appellant is incontrovertibly absolute owner of property with disputed area constituting merely a fraction of entire premises - He has already entered into an agreement to redevelop the property - In these circumstances, restraint imposed by impugned injunction order significantly circumscribes..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property was transferred in favour of two daughters - After marriage of one daughter/petitioner, land in question remained in possession of other sister and her husband, with whom senior citizen is residing - Petitioner, who moved to her matrimonial house after..........
Criminal Procedure Code, 1973, Section 451, 482 -- Release of seized funds - Main accused is absconding and role of respondent No.2 can only be ascertained once main accused is arrested - Release of sale value of concerned shares in favour of respondent No.2 may cause an irreparable loss to appellant and vitiate the entire investigation - Moreover, when investigation is..........
