Service -- Benefit of personal/promotional pay scale - Recovery of - Benefit of personal/promotional pay scale was granted only to Ayurvedic Medical Officers upon completing 8 and 14 years of service - Said order was contrary to order of Finance Department and therefore, rightly withdrawn - Personal time bound pay scale was granted to appellants, subject to condition that..........
Criminal Procedure Code, 1973, Section 102 -- Freezing of bank account - Investigating agency have power u/s 102 Cr.P.C to seize the bank accounts, an action which falls within the scope of term seizure of "property" as used in said Section...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Law as to - (a) Law requires the best evidence to be given first, that is, primary evidence; (b) S.63 of the Evidence Act provides a list of the kinds of documents that can be produced as secondary evidence, which is admissible only in the absence of primary evidence; (c) If the original document is available, it has..........
Delhi Legal Services Authorities Act, 1987, Section 19 -- Jurisdiction - As per Section 19(5), any matter falling within the jurisdiction and not pending before any court, the Lok Adalat is competent to pass such an Award...........
Medical Termination of Pregnancy Act, 1971, Section 3(2)(b)(i), 3(3), 5, Medical Termination of Pregnancy Rules, 2003, Rule 3B -- Termination of pregnancy - Married woman - Petitioner has conceived despite adopting LAM (Contraceptive method) - Pregnancy reached at 26 weeks - Petitioner is already a mother of two children and younger being just one year old - She delivered..........
Hindu Marriage Act, 1955, Section 16 -- Legitimacy of children born out of void and voidable marriage - Law as to: (i) In terms of S.16(1) of the Act, a child of a marriage which is null and void u/s 11 of Hindu Marriage Act is statutorily conferred with legitimacy irrespective of whether (a) such a child is born before or after the commencement of Amending Act 1976; (b) a..........
Partition -- Documents under consideration are not Will Deeds where any and all suspicious circumstances are required to be dispelled by the propounder - The documents in question are Gift Deeds - All that law requires is proof of the same in terms of Section 68 of the Evidence Act - There has been misreading of the evidence by the trial court - On a totality of the..........
Maharashtra Control of Organised Crime Act, 1999, Section 22, 23(1)(a) -- Conviction - Quashing of criminal proceedings - It would be clear from the provisions contained in clauses (a) and (b) of sub-sections (1) and (2) of Section 22 of the MCOC Act, enable the Special Court to mandatorily presume that the accused has committed an offence of organized crime if it is..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Discharge of accused - Charge of exposition would hold only when the child has been deprived of shelter or care - Therefore, none of the acts contemplated in the above provision have taken place at all - That apart, the child's perspective of unnecessary mental or physical suffering is necessary to..........
Prevention of Corruption Act, 1988, Section 13(1)(a), 17 -- Quashing of prosecution - The Second proviso to Section 17 of the Act directs that the offense referred to under Section 13(1)(e) of the Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police - There is no such order of the police officer not below the..........
