Service -- A vacancy reserved for SC category cannot be converted to an open category unless and until specified and that too only if the rules permit...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2, 7, Limitation Act, 1963, Section 5 -- Ejectment order - Appeal against - Dismissal in default - On application for restoration of appeal, matter remanded which is pending disposal for the last 25 years - Petitioner prayed that appeal be decided on merit after condoning delay - Delay condoned in view of..........
Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Necessary party - Application for impleadment of a necessary party can be filed at any stage of proceeding provided the Court is satisfied that exceptional circumstances prevailing in the case, warrant the impleadment. (AIR 1987 SC 1970 followed)...........
Indian Penal Code, 1860, Section 363, 377, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Allegations that accused kidnapped minor boy aged 6 years on the moped by alluring him for ride and committed sodomy on him - Victim identified accused - Parents of victim supported version of victim - Medical evidence showed that victim..........
Mediclaim policy -- Insurance claim - Dependent up to the age of 21 entitled to claim the benefit under policy extendable up to the age of 25 years if the dependent is attached to any academic discipline - Son of the complainant whose result of B.Sc. published in October, 2001 was admitted on 16.7.2002 in Post Graduate Course - The period between the passing of graduation..........
Indian Penal Code, 1860, Section 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Accused allegedly committed rape on a victim belonging to Scheduled Tribe - Majority of the prosecution witnesses turned hostile - Identification of accused given in dying declaration did not match with accused - Medical evidence regarding..........
Punjab State Election Commission Act, 1994, Section 81 -- One post of Panch reserved for Scheduled Caste - A person Jullaha by profession but professed Muslim faith - Held, not schedule caste within the meaning of Constitution (Scheduled Castes) Order, 1950 - Award of SC certificate by Tehsildar immaterial...........
Constitution of India, 1950, Article 15(4) -- Reservation - PG Course - Power of State Govt. - Held, Art.15(4) is an enabling provision and State Govt. is best judge to grant reservation for SC/ST/Backward Class categories at Post-Graduate level in admission and decision of State of Haryana not to make any provision for reservation at Post-Graduate level suffers no..........
Constitution of India, 1950, Article 15(4) -- Reservation - PG Course - Government of India made a provision for reservation of SC/ST categories in respect of All-India Entrance Examination for MD/MS/PG Diploma and MDS Courses and reservation for SC/ST candidates in All-India quota for PG seats - Held, same cannot automatically be applied in other selections where State..........
Punjab State Election Commission Act, 1994, Section 76 -- Sarpanch from SC quota - Post of Sarpanch meant for both SC Male and Female - Returning Officer gave an impression that only SC male has a right to contest the election and not SC female - Election Tribunal set aside the election - Appeal against - Dismissed...........
