Constitution of India, 1950, Article 14, Institute of Technology Act, 1961, Section 26, 27, 33 -- Statutes of Indian Institute of Technology Kanpur, Statute 11 and 13 - Age of superannuation - Administrative staff - Teaching staff - Policy matter - Judicial review - Held that prescribing the age of retirement is a managerial function - Such decision are taken by the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Delay - Application cannot be dismissed merely on the ground of delay but a party can be burdened with costs of Commission irrespective of the result of suit - A Local Commissioner is to be appointed for the purpose of elucidating any matter in dispute - Appointment of Local Commissioner is not merely for..........
Evidence Act, 1872, Section 45, Order 26, Rule 10-A -- Expert evidence - Recovery suit based on promissory note - Defendant branded promissory note as forged and fabricated document and specifically denied signature or thumb impression there on - Held, defendant should get opportunity to send document to hand writing expert for compassion of disputed signatures or thump..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d), 26 -- Airlines - Air ticket - Frivolous complaint - Allegation that despite confirmation of ticket he was not given reply for confirmation of return ticket and he had to purchase another ticket for his return journey from Athens to Delhi by spending Rs. 37,500/ - The complainant has not mentioned in the complainant..........
Civil Procedure Code, 1908, Order 26, Rule 10A -- Paternity of child - Application for medical examination - Application filed by petitioner U.O.26.R.10-A of CPC to subject the mother and guardian of plaintiff for conducting medical examination by a gynecologist to find out whether she has given birth to plaintiff, dismissed - Order upheld by High Court - Another..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Local investigation - Legality - Evidence closed - Written arguments filed - Judgment reserved - There is not a whisper in the application as to why such application was not made at an earlier stage of the suit - Held, this ground was sufficient in itself to reject the application - Order..........
General Clauses Act, 1897, Section 26, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 419, 420, 120B -- Double jeopardy - Accused secured passport in India after furnishing fake particular and gained entry into Portugal with the aid of fake passport - Accused arrested, prosecuted, convicted and..........
General Clauses Act, 1897, Section 26, Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 419, 420, 120B -- Double jeopardy - Article 20(2) of the Constitution of India prohibits second conviction for the same offence - If the offences are distinct or same set of facts constitute two different offences..........
Arbitration and Conciliation Act, 1996, Section 6, 19(3), 26 -- Arbitration - Appointment of an expert by arbitral tribunal - Arbitrator has ample power to appoint a Commissioner for local inspection, an accountant to inspect the accounts, a finger print expert or a handwriting expert to inspect questioned documents, an engineer or an architect to inspect structures,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Not examined as a witness - There is no impediment from relying upon the report of Local Commissioner as it is part and parcel of the Court file and relevant and admissible piece of evidence...........
