Evidence Act, 1872, Section 32 -- Dying declaration - Recording of - Held, there is no statutory prescription as to in what manner or procedure to be followed for recording a dying declaration - Presence of Magistrate; certification of doctor as to mental or physical status of person making declaration, were all developed by judicial pronouncements - It will have to be..........
Service -- Equal pay for equal work - Even though, two posts may be referred to by the same name, it would not lead to the necessary inference that the posts are identical in every manner - No straitjacket formula that two posts having the same nomenclature has to be given the same pay scale - It is for the employer to categorize the posts and to prescribe the duties of..........
Drugs and Cosmetics Act, 1940, Section 18, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25 -- Manufacturers - Chemists - Wholesale license holders - Held, manufacturers of manufactured drugs or prescription drugs, chemists, wholesale license holders under Drugs and Cosmetics Act are required to comply with provisions of NDPS Act, Rules and Order, 1993..........
Probation of Offenders Act, 1958, Section 4, 6 -- Probation - Benefit of - Prescription of minimum sentence in a particular offence ipso facto is not a ground, much less cogent, to debar the benefit of probation to the convict, if he is otherwise entitled to it...........
Easements Act, 1882, Section 15 -- Easement by necessity - Right to use cart track given by way of grant in partition deed - Cart track passed through lands of defendants and used by plaintiffs to reach to their property - Use of cart track admitted by defendants - Usage of such cart track was more than 20 years - Therefore, there cannot be any denial of right to use the..........
Partnership Act, 1932, Section 4, 5, 7 -- Partnership - Agreement evidencing legal incidents of partnership stipulating that business will be carried jointly in equal shares with effect from a mentioned date - Date of effect of partnership cannot be postponed to a future date merely because there was a prescription in the agreement that parties would execute a formal deed..........
Constitution of India, 1950, Article 16, 226 -- Appointment - Prescription of Ph. D. qualification in exercise of administrative powers - Legality of - Held, in absence of any rules, u/Art. 309 or Statute, the appellant had power to appoint under its general power of administration and prescribe such eligibility criteria as it is considered to be necessary and reasonable..........
Civil Procedure Code, 1908, Section 122, Rule of, 27(1) -- Civil Practice, - Attestation of vakalatnama - Notice was issued by Family Court that litigants and their counsel have to appear before Sheristadar for executing and attesting vakalath - validity of - Held, as per R.27 vakalath executed by litigant had to be accepted if same is in conformity with statutory..........
Central Vigilance Commission Act, 2003, Section 4(2) -- Appointment - Chief Vigilance Commissioner - Recommendation of HPC - Difference of opinion - Held that there is no prescription of unanimity or consensus u/s 4(2) of the Act - If one of the member of High Powered Committee (HPC) dissents that member should give reasons for the dissent and if the majority disagrees..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit seeking declaration of perfection of title by prescription - Plaintiff, in earlier suit, sought declaration of title on the basis of sale deed, but failed to prove - Held, subsequent suit filed, agitating same issues but on new grounds is hit by the principles of res judicata...........
