Service -- Change of date of birth - Law as to - Summarised : (a) application for change of date of birth can only be as per the relevant provisions/regulations applicable; (b) even if there is cogent evidence, the same cannot be claimed as a matter of right; (c) application can be rejected on the ground of delay and latches also more particularly when it is made at the..........
Indian Penal Code, 1860, Section 302, 34 -- Triple murder case - Testimony of PW1 and PW2 - PW1 and PW2 have categorically stated in their evidence that accused fired shots with their weapons and killed deceased persons - It is also established that accused `S' was also carrying a half gun - Cumulative reading of evidence of PW1 and PW2 along with other material evidence..........
Evidence Act, 1872, Section 137 -- Cross examination - Witness not cross examined inspite of grant of adjournments for ten time and also grant of last opportunity and that too at one time cost was also imposed - Witness not cross examined even when High Court allowed last opportunity to cross examine the witness - Defendant misused the liberty and the grace shown by Court..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs have not impleaded Improvement Trust as a party which would be concerned authority to put forward correct picture, since notices were issued by said authority - Improvement Trust would be best person to apprise Court as to what was exact status of disputed land - Even, basis of claim of..........
Service -- Re-instatement - Respondent was not a permanent employee but a contractual employee - There is no evidence to establish that appellant had retained junior workers, such unfair trade practice is not alleged or even argued before Court - Respondent having worked for more than 240 days, termination of his services violated mandatory provisions of S.25-F of..........
Service -- Misconduct - Dismissal - Fire accident occurred in bank and FIR was registered against unknown persons - Respondent being friend of prime accused of incident, was suspected - Though there was a strong suspicion but there was no sufficient evidence to prove misconduct to dismiss from service - Respondent was in effective service of Bank only for about 6 years..........
Land Acquisition Act, 1894, Section 23, 34 -- Acquisition of land - Compensation - Interest - Possession of land acquired was taken in the year 1984/1992 - However, there is no evidence that such land was being put to use by landowners even prior to taking of possession by State - But fact remains that possession was taken without payment of compensation depriving..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Demand notice - Presumption - Courts below failed to consider that there is no evidence on record to show that legal notice sent under registered post was ever served upon accused - Presumption regarding service of demand notice sent even through registered cover can be drawn only upon expiry of 30 days..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Where a party who never had any notice of a particular proceeding before a quasi judicial authority, is entitled to approach Court upon gaining knowledge of proceedings - Limitation cannot be put against such a party - Since, plaintiffs asserts clearly that notices were never..........
Service -- Departmental enquiry - Strict rules of evidence not applicable to a departmental enquiry...........
