Service -- Selection process - Intimation through SMS - There is no bar in intimating candidates through SMS, more particularly when large number of candidates had to appear in subsequent process and majority of candidates have appeared for document verification and physical fitness test pursuant to intimation by SMS...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - A reply statement or a subsequent pleading can be introduced only to place on record a new fact or explanation to certain pleadings in the written statement or in the plaint which had already been filed - Reply statement to explain contents of judgment is not known to law - Dismissal of application calls for no..........
Service -- Appointment - Post of Anganwadi Sevikas - Selections were governed by guidelines 2006 at the relevant time - High Court struck down the Cl.3(E) of Guidelines 2006, which only applied for unmarried daughters - As selection relates to year 2006, guidelines which were applicable during relevant time to be considered - However, in view of subsequent development of..........
Indian Penal Code, 1860, Section 395, 391 -- Offence u/ss, 395, 391 IPC - Benefit of acquittal on parity with co-accused - Accused convicted, as PW1 not only supported the case of prosecution but as many as 15 witnesses came to be examined - Therefore merely because in subsequent split of trial co-accused came to be acquitted benefit of such acquittal cannot be in favour..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff paid Rs.25,000 to defendant initially at the time of execution of agreement to sell and further sum of Rs.15,000 in two installments were paid at the time when subsequent two documents were executed for extension of time - Even time was extended at the instance of defendant and balance..........
Agreement to sell -- Specific performance - Subsequent purchasers were in knowledge of agreement to sell in favour of plaintiff - However, despite the same they purchased the suit land surreptitiously - Even, sale consideration mentioned in sale deed in favour of subsequent purchasers is found to be doubtful - Moreover, subsequent purchasers for all these years cultivated..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Prima facie plaintiff was not vigilant with regard to his right to enforce sale agreement - Plaintiff approached the trial Court after a lapse of 7 years from date of execution of registered sale deed in favour of subsequent purchaser - Plaintiff failed to make out a..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue in question substantially in issue in the previous suit - Competency of earlier Court in deciding the issue not questioned and the parties in the lis are the same - Held, decision of former Court shall definitely operate as res-judicata against all subsequent proceedings including the proceeding before..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for possession by way of specific performance and permanent injunction - Documents proposed to be tendered in evidence include certified copies of jamabandies - These jamabandies can certainly be tendered being per se admissible - However, with regard to notarized photocopy of sale deed, these..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Once parties voluntarily enter into an agreement and agree to abide by the consequences of non-compliance of the settlement agreement, they cannot be allowed to reverse the effects of the agreement by pursuing both the original complaint and the subsequent complaint arising from such..........
