Intelligence Organizations (Restriction of Rights) Act, 1985, Section 7, Research and Analysis Wing (Recruitment Cadre and Services) Rules, 1975, Rule 135, Constitution of India, 1950, Article 14, 311 -- Compulsory retirement - Constitutional validity of R.135 of Rules - Retirement without holding disciplinary inquiry u/Art.311 of Constitution - R.135 of Rules is exclusive..........
Intelligence Organizations (Restriction of Rights) Act, 1985, Section 7, Research and Analysis Wing (Recruitment Cadre and Services) Rules, 1975, Rule 135 -- Compulsory retirement of Director of RAW - Challenging on ground of non-application of mind while passing order - Final decision has been taken at highest level by head of the Government in the aftermath of unfurling..........
Evidence Act, 1872, Section 115 -- Promissory estoppel - When public interest warrants, principles of promissory estoppel cannot be invoked...........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Doctrine of promissory estoppel cannot be invoked in abstract and Courts are bound to consider all aspects including objective to be achieved and public good at large...........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Government notification 2008/industrial policy issued is clarificatory in nature - It cannot be said that by subsequent notification 2008, benefits which were accrued/granted under earlier notifications were sought to be taken away - Moreover, notification 2008 is in the public interest and in the interest of..........
Foreign Awards (Recognition and Enforcement) Act, 1961, Section 6, 7(1)(b)(ii) -- Enforcement of foreign award - Contrary to public policy - Foreign awards opposed to fundamental policy of Indian Law not enforceable...........
Prevention of Corruption Act, 1988, Section 17A, 13(1)(d), 13(2), Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B -- Public servant - Offence committed by a public servant under P.C. Act in discharge of official functions or duties - Before initiating any enquiry against public servants under the provisions of P.C. Act, prior approval of the Govt. is sine qua non..........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of Government - Allegation that revenue officers hatched a conspiracy to facilitate fraudulent sale in discharge of their official duties - Before initiating any inquiry against public servants under the Act, prior approval of Government was a sine qua non and FIR could not have registered..........
Civil Procedure Code, 1908, Order 12, Rule 8 -- Production of documents - Documents sought to be produced are public documents, which can easily be obtained by defendant from offices of Municipality and collector - Plaintiff has specifically denied possession of such documents - Application rightly dismissed...........
Indian Penal Code, 1860, Section 393, 394, 398, 34 -- Offence u/ss 393, 394, 398, 34 IPC - Recovery of knives - PW5/public witness not supported prosecution case regarding fact that accused were apprehended and knives were recovered from them - Said witness had not identified accused - PW5 denied his signatures on seizure memo - Witnesses of seizure memo not examined -..........
