Criminal Procedure Code, 1973, Section 482, Notaries Public Act, 1952, Section 13 -- Quashing of charge sheet - Merely because I.O was not competent to investigate the matter in view of S.13 of Notaries Act and to file charge sheet, even then, charge sheet cannot be quashed only on this ground...........
Evidence Act, 1872, Section 65 -- Secondary evidence - Non filing of reply or to make any objection to the application filed u/s 65 of the Act - Court to take a liberal view in allowing application by taking publication of public notice on record so as to enable the parties to have swift adjudication of the dispute - Impugned order of rejecting application set aside -..........
Service -- Banking service - Re-fixing of salary - Salary fixed of all officers of Public Sector Banks in a no, discriminatory manner keeping in view cost of living Index - High Court committed error in law by setting aside reduction in salary of respondent under re-fixation of salary - There is reasonable basis of reduction of salary - Moreover, there was no promise ever..........
Evidence Act, 1872, Section 76 -- Certified copies of documents placed on record by police - Petitioners have right to get certified copy of a pending case and also have right to get certified copy thereof in view of S.76 of the Act - Even in view of Art.14 of Constitution, accused should be granted a copy of documents purported to be against him at earliest possible stage..........
Persons with Disabilities (Equal Opportunities to Protection of Rights and Full Participation) Act, 1995, Section 33 - - Partially blind category - Percentage of disability prescribed for post of Civil Judge - Validity - Condition of having 40% - 50% disability was prescribed by Public Service Commission as per Government Order issued by State of Tamil Nadu after..........
Central Vigilance Commission Act, 2003, Section 8(1)(a), 8(1)(b), Delhi Special Police Establishment Act, 1946, Section 4A(1), Prevention of Corruption Act, 1988, Section 7, 7A, 13(2), 13(1)(d) -- Offence u/ss 7, 7-A, 13(2), 13(1)(d) PC Act - Order of CVC divesting Director of CBI - Validity of order - Head of institution `Director' has to be role model of independence and..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 9 -- Eviction proceedings by Government company - Maintainability - Recourse to summary remedy of eviction taken under the Act is not the proper way keeping in view the nature of controversy and factual issues raised by parties against each other - Proper remedy is to file a civil suit for eviction..........
Service -- Voluntary retirement - Discrimination between Doctors working in State owned Hospitals and Medical Colleges with doctors in Provincial Medical Services - Contention sought that doctors in Medical colleges are being permitted to retire, thus there is discrimination regarding voluntary retirement between said doctors - Contention rejected, as doctors of medical..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Offence u/s 3(1)(x) of SC/ST Act - Alleged place of occurrence as revealed from materials on record is the residential house of complainant that too inside her house - Complainant has no case that public was present at the time of occurrence - House of complainant thus, not come..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Utterance of Caste derogatory words - Quashing of FIR - In FIR no specific instance given when caste words were used and merely stated that everyday caste words were used - Exact words have also not been stated - It is also not stated as to in whose presence those caste words..........
