Service -- Recruitment process - Preparation of Final Select List signals the conclusion of appointment process - Action of State Government scrapping the entire process and to undertake a fresh appointment process under the New Rules amounts to effectively changing the rules which is impermissible which deprives the candidates of their legitimate right of consideration..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - While reviewing an order, Court or tribunal must be satisfied that there was an error apparent in its previous order, which warrants the exercise of its power to review...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - If I.O. after filing the final report, obtains further oral or documentary evidence then only direction for further investigation can be passed - It is continuation of previous investigation...........
Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Eviction suit - When suit filed by landlord against tenant already stands decreed and opposite party claims to have acquired ownership of property in dispute through a sale-deed executed by its previous owner, adjudication of claim of opposite party becomes incidental to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution - Third party objections - SSC suit for eviction - When petitioner claimed that property in question had been purchased by her from its previous owner through a registered sale-deed, she had locus standi to claim that she had the right to resist her ejectment through execution proceedings instituted for..........
Adverse possession -- Suit for declaration of title on the basis of adverse possession against Government - Pleadings of plaintiffs are contrary and it is not clear whether they have claimed title on the basis of adverse possession which is not proved or have claimed title on the basis of any previous title on the basis of any previous title of his predecessor - No..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Law as to: (i) Accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence - Once he is arrested, only remedy available to him is to apply for regular bail either u/s 437 or S.439 Cr.P.C, as the case may be; (ii) There is no express or..........
Civil Procedure Code, 1908, Order 21, Rule 22(1) -- Execution - Show cause notice U.O.21.R.22 CPC - When subsequent application has been filed within two years from the withdrawal of previous execution application, there was no requirement for issuance of notice - Executing Court did not commit any error in issuance of warrant of attachment against petitioner without..........
Dowry Prohibition Act, 1961, Section 8A -- (as applicable in State of Punjab) - Sanction for prosecution - No prosecution can be instituted against any person in respect of any offence committed under the Act without previous sanction of District Magistrate as per S.8-A of the Act as applicable to State of Punjab...........
Criminal Procedure Code, 1973, Section 161 -- Statement of witnesses recorded u/s 161 Cr.P.C. - Cannot be the basis to convict accused and that too for a serious offence of murder - Such statement is used merely to contradict a witness with his previous statement...........
