Service -- Post of Guest Lecturer - Eligibility - Applicability of Regulations 2009 of UGC - Regulations are prospective in nature and may not affect qualifications granted by University or institution prior to enforcement of regulation - Since petitioners obtained their M.Phil degree by distance education mode prior to 2009, it is thus, necessary that their eligibility..........
Hindu Marriage Act, 1955, Section 13(1)(i), 13(1)(ia) -- Divorce - Petition filed by husband - Adultery and cruelty - Divorce filed after 29 years of marriage - Two daughters born out of wedlock but both were not physically and mentally healthy, thus, appellant-husband desirous to give divorce so as to solemnize second marriage - But wife was not ready to permit for second..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - False case - Post mortem of deceased not conducted - Proper medical record of deceased not available - Complaint lodged after delay of one month from the date of accident, which is a significance omission - More so, Tribunal while assessing compensation, failed to notice crucial aspect that whether death of..........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - While framing charge, Court should apply prima facie standard which is said to be made out when probative value of evidence on all essential elements in the charge taken as a whole is such that it is sufficient to induce the court to believe in the existence of facts pertaining to such essential elements or..........
Evidence Act, 1872, Section 3, 65B -- Telephonic conversation - Transcript of tape recorded conversation - Accuracy - Plaintiff himself admitted that entire negotiation was conducted on his behalf by his broker and defendant no.1, but he never personally talked with defendant no.1 - Transcript not proved on record, as there is contradiction between statement of plaintiff..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search and seizure - Safeguard - Valuable right is conferred upon suspect to get his person searched in presence of gazetted officer or Magistrate - This safeguard is intended to protect person against false accusation and lend credibility to search and seizure conducted by empowered officer...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the stage of arguments - Name of proposed accused not given in FIR - However, in view of statement of victim who received injuries on his eyes and silence of defence qua incriminatory role of proposed accused, he has to be arrayed as accused along with other accused who already charge..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad-interim mandatory injunction - Against defendants for unlocking suit premises - Plaintiff purchased suit property 6 months prior to institution of suit in auction conducted by Bank under SARFAESI Act - He is also in possession of suit property, constituted undisputed and uncontested status thereof -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Besides bag personal search also conducted - S.50 of the Act is applicable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Recovery of 18 gunny bags of poppy straw - Search and seizure proceedings were conducted by Sub-Inspector, who was not SHO of concerned police station, in clear negation of S.42 of NDPS Act - Third option given u/s 50 of NDPS Act,..........
