Service -- Compassionate appointment - Courts below directed appellant to appoint respondent on basis of decision given by SC in Canara Bank vs. M Mahesh Kumar - However, Court below failed to consider criteria of stability while directing appointment of respondent - Decision of Courts below set aside, with direction to appellant to pay Rs. 2.5 lakhs to respondent. (Paras..........
Mutation -- Granted in breach and violation of law of succession - Basic mutation and consequent mutation rightly set aside...........
Indian Penal Code, 1860, Section 294, 357 -- Offence u/ss 294, 357 IPC - Two investigating Officers conducted the investigation - One I.O. has not come forward for his cross-examination and consequently part of investigation conducted by him and evidence collected by him remains unproved - Deposition of second I.O. was not signed and endorsed by jurisdictional Court,..........
Divorce Act, 1869, Section 10(1)(x) -- Divorce - Cruelty - Petition by husband - No evidence on record that husband has underwent cruelty in the hands of wife - Even, husband has not placed any evidence on record to show that he made efforts to bring back wife to his society - Trial Court has wrongly placed burden on wife that she has not made any efforts for reunion -..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Prosecutrix was with the appellant for about 20 days, travelling to different places along with him before reaching the final destination - However, she had never made any attempt to resist or raise a cry - There was absolutely no injury on the body of prosecutrix - Evidence of prosecutrix itself is clear that she..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property transferred by mother in favour of her son - Son contended that house in question was purchased by him from his own sources in the name of his mother - Civil suit was already filed by son claiming ownership of house in question - However, in case son is..........
Criminal Procedure Code, 1973, Section 227, 239 -- Discharge - Discharge of accused is only permissible when case set up by investigating agency in the final report filed before trial Court u/s 173 Cr.P.C. has no basis or foundation - Trial Court cannot consider the probable defence of accused in the case at this stage...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Material available on record does not illustrate how allegedly offending remarks connect to the caste identity of complainant - Neither it has been established that same was used by accused with an intention to humiliate him nor any specific..........
Specific Relief Act, 1963, Section 5, 34 -- Suit for confirmation of title and recovery of possession - Without seeking relief of declaration - Defendants denied title of plaintiff - Court below committed error in granting decree in favour of plaintiff without asking him for seeking declaration of title u/s 34 of the Act - Impugned order set aside - Matter remanded...........
Constitution of India, 1950, Article 226 -- Writ petition - Land acquisition proceedings - Approach of Division Bench in relying on affidavit of authority and closing the matter on the same day, without giving an opportunity to appellant to meet the averments made in the said affidavit would be in violation of principles of natural justice - Order of Division Bench set..........
