Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 2 -- Summoning of witness - Application filed for verification of signatures by handwriting expert - Provision of O.16.Rr.1, 2 CPC deals with summoning and attendance of witnesses - It does not speak about verification of signatures on documents by any person by handwriting expert - Even otherwise, defendants are..........
Service -- Termination - Suppression of material facts - In appointment application form question was asked from candidate `have you ever been convicted for any criminal offence involving moral turpitude' - Petitioner answered `No' - On verification it was found that petitioner was named in FIR and in which cancellation report had been filed by police - Petitioner..........
Service -- Post of Police Sub-Inspector - Physical Evaluation Test (PET) - Extension of PET for 3 to 6 months on account of pregnancy - PET will only be `qualifying' - No specific marks are assigned for PET to be added to main marks so as to vary merit - Not only appellant but all such candidates who sought deferment on account of pregnancy alone should be called for PET..........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 304B, 201, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Opening of fictitious account in Bank without proper verification in accordance with banking regulations and deposits in the same and withdrawals by bank employees - CFSL Officer deposed that account opening form of fictitious account..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302 -- Dying declaration - Murder - Allegation against niece of deceased - Dying declaration of deceased was recorded by Naib Tehsildar - However, Naib Tehsildar did not satisfy himself about fitness of deceased to make a statement - No verification or certification of doctor regarding fitness of deceased to..........
Service -- Appointment - Post of Assistant Grade II (Hindi) - Appointment denied to petitioner, as she failed to produce any experience certificate with application and/or even at the time of verification of documents - However, no such requirement provided in advertisement - Non-production of experience certificate along with application cannot be said to be fatal to..........
Evidence Act, 1872, Section 45 -- Verification of revenue stamps affixed on pronote and receipt - Plea that revenue stamps were not in existence at the time when pronote is alleged to have been got thumb marked - Order declining application set aside - Controller, Government Press Nasik to send the report on verification to trial Court within a period of two months...........
Constitution of India, 1950, Article 14 -- Bid/Tender - Disqualification to bid - Non fulfillment of condition - One of the conditions of NIT/Tender document clearly prescribes that bidder must have experience of having executed work - On verification of petitioner`s bid it is found that the petitioner does not fulfill specific requirement/tender condition prescribed -..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of original power of attorney - From cause title not clear that plaint is filed through constituted attorney - However, verification of plaint clearing stating that said attorney is a constituted agent and power of attorney of plaintiff - Held, it is sufficient to hold that plaint is filed by power of attorney..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Comparison of signatures sought during pendency of appeal - Contradictory statement in written statement - Signatures denied on agreement to sell but contradictory plea that he was ready and willing to execute sale deed - Held, once there is an admission of execution of agreement of sale by expressing that..........
