Service -- Dismissal - Disciplinary inquiry - Non-appointment of Presenting officer - Statutory rule as applicable to case in hand does not mandate appointment of Presenting Officer - However, Enquiry officer himself acted as prosecutor and judge in the disciplinary enquiry and led the examinatio, i, chief of PWs by putting questions - Capacity of independent adjudicator..........
Civil Procedure Code, 1908, Section 11 -- Constructive res judicata - Dismissal of previous writ petition by single word `dismissed' by a no, speaking order would not operate as constructive res judicata - Before a Court invokes rule of res judicata, Court has to be certain and in a position to return a finding that previous writ petition was dismissed on merits after..........
Rent and eviction -- Occupation of premises after order of eviction - Adjudication of charges for use and occupation of premises - Premises were taken on rent about 30 years ago @ Rs.800 - When there is no clarity, Court has to rely on rule of thumb to balance equities - Tenant to pay Rs.7,000/- per month over and above contractual rate - Arrears will be restricted to 3..........
Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994, Section 20, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996, Rule 19(2) -- Cancellation of registration of ultrasound machine mobile unit and sealing of the same - Misuse and operation of machine in unspecified area in violation of Rule..........
Hindu Marriage Act, 1955, Section 13B(2) -- Divorce by mutual consent - Court can waive waiting period of six months, after considering : (i) statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year u/s 13B(1) of separation of parties is already over before the first motion itself; (ii) all efforts for..........
Criminal Procedure Code, 1973, Section 227, Central Excise Rules, 1944, Rule 56A -- Discharge - Evasion of duty - Omission of procedural rule for availing credit - Cannot affect the charge as it applies to future action and not to continuing action - Prosecution cannot be deprived of opportunity to prove offence of evasion - Order quashing charge merely on ground of R.56-A..........
Constitution of India, 1950, Article 137, Supreme Court Rules, 1966, Order 40, Rule 1 -- Review of criminal judgment by Supreme Court - Normally in criminal proceeding, review applications cannot be entertained except on ground of error apparent on face of record - Power of Supreme Court under Article 137 is wider and in an appropriate case can be exercised to mitigate a..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ad interim injunction - Notice - Issuance of notice is a rule and grant of an ex parte injunction order an exception - Wherever Court chooses to follow exception, it has to necessarily comply with the mandatory requirement of recording reasons for its option that object of granting injunction would be defeated by delay...........
Constitution of India, 1950, Article 142, Transfer of Prisoners Act, 1950, Section 3 -- Inter state transfer of under trial prisoner - Equity cannot override law - S.3 of 1950 Act bestows power on State Government to transfer an accused to another State after consulting other State - Such an action by State has to be totally controlled by circumstances - When State passes..........
Court Fees Act, 1870, Section 7(iv)(c), Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 226 -- Court fee - Rejection of plaint - Defendants cannot be permitted for stalling progress of suit before Trial Court because they are not going to suffer any kind of prejudice due to alleged inadequacy of court fee paid by plaintiff - Although it..........
