Service Law -- Reversion - On grounds of fraud and suppression of fact that appellant does not possess requisite qualification - Appellant appointed as Bill Clerk after verification of his qualification and through process of competitive examination followed by an interview - In show cause notice, appellant had explained that at the time he appeared in matriculation..........
Evidence Act, 1872, Section 106 -- Burden of proof - Offence u/s 304(Part II) IPC - Although burden was upon accused to discharge onus of fact within her special knowledge of Ss.105, 106 of the Act - However, accused can still raise plea of exception...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be..........
Criminal Procedure Code, 1973, Section 200, 203 -- Second complaint on same allegations - Not barred when in first complaint there was no conviction, acquittal or discharge - If dismissal of complaint was not on merit, but on default of complainant, second complaint on same facts is maintainable - But if dismissal of complaint u/s 203 of the Code was on merits, the..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While deciding an application for discharge, Court can neither go into probable defence taken by accused nor documents produced by him - Court has to confine itself to papers or documents produced and relied on by prosecution...........
Criminal Procedure Code, 1973, Section 190, 227 -- Cognizance of offence - Order setting aside discharge of accused - Loan transaction between two sisters and civil suit for specific performance was pending - Petitioner is neither a signatory to documents nor he is a witness - Allegation of forging signature stand disapproved by FSL report - No offence whatsoever is made..........
Service -- Qualifications for a post - State, as employer, may legitimately bear in mind several features including the nature of the job, the aptitudes requisite for the efficient discharge of duties, the functionality of a qualification and the content of the course of studies which leads up to the acquisition of a qualification - Judicial review must tread warily...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Mutation entries - Entries made in mutation register by Patwari in discharge of his public duties or orders passed thereon by Revenue Officer would be a relevant evidence u/s 35 of Evidence Act - In present case, mutation in favour of executant's son was given effect to in record of rights i.e. Jamabandi of..........
Criminal Procedure Code, 1973, Section 482 -- FIR can be quashed even when discharge application is pending with trial Court...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Closing of proceedings - It is only when cheque amount with interest and cost as assessed are paid by a specific date, Court is entitled to close proceedings in exercise of its power u/s 143 N.I. Act r/w S.258 Cr.P.C and thereafter discharge accused and..........
