Services and Admission in Educational Institutions -- Reservation of backward classes - Identification of creamy layer - Notifications dated 17.8.2016 and 28.8.2018 issued by Government of Haryana - Validity - Identification and exclusion of creamy layer has to be on the basis of social, economic and other relevant factors as per S.5(2) of 2016 Act - However, State of..........
Criminal Procedure Code, 1973, Section 164A(2), (3) -- Medical examination - Rape victim - Column in FIR - Provisional/primary opinion is to be given by doctor as per clinical examination of victim without waiting for investigation reports - Directions therefore issued to Principal Secretary (Medical Health) and Director General (Medical Health) to issue circular to all..........
Service -- Benefit of reservation - Bifurcation of State of Bihar into two successor States - Person is entitled to claim benefit of reservation in either of successor State of Bihar or State of Jharkhand, but will not be entitled to claim benefit of reservation simultaneously in both successor States - However, those who are members of reserved category and are resident..........
Consumer Protection Act, 1986, Section 12, Carriers Act, 1865, Section 10 -- Consumer complaint against common Carrier - Not maintainable without serving prior notice u/s 10 of Carriers Act - However, in view of the fact that consignment was books in the year 1997, it is too late in the day to relegate parties to meet out requirement of notice u/s 10 of the Act - Since..........
Service -- Regularization - Appellant appointed on a leave vacancy - Services of appellant regularized by High Court vide interim order - Said order attained finality being not challenged by State - Appellant held, entitled to be regularized with all consequential benefits...........
Medical education -- Admission to MBBS/BDS - Admission to medical courses were to be done only through centralized admission process as per Notification issued by State of UP - Glocal Medical College in contravention of said Notification conducted private counseling, which was not at all permissible in law - Students cannot be said to be ignorant about such Notification -..........
Criminal Procedure Code, 1973, Section 401(2) -- Revision - Complainant cannot be a party to revision petition, but can be a witness to proceedings and can at best assist prosecution and participate through learned APP for State, as expression `other person' u/s 401(2) of the Act does not include a complainant in revision, as other person is either accused or a person..........
Criminal Procedure Code, 1973, Section 433A, Constitution of India, 1950, Article 161 -- Remission - Power of remission is to be exercised by State Government, if prisoner has undergone 14 years of actual imprisonment, in cases falling within scope of S.433A of the Code and in case imprisonment is less than 14 years, power of premature release can be exercised by Hon'ble..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 326, 324, 323, 341, 201, 218, 120B, Arms Act, 1959, Section 25, 27 -- Anticipatory bail - Attempt to murder - Accused was not named in the FIR - He was summoned only on basis of 4th Supplementary Report - However, charge sheet and 4th Supplementary Report no longer exist - Now, there is fresh..........
Service -- Compassionate appointment - Appointment of deceased employee was against a regular vacancy, though it continued to be termed as part time appointment and regular pay scale was allowed to deceased employee - During his 13 long years of employment and before that having battled for period of 6 years to get his dues, he was transferred from one department to other..........
