Service -- Post of Radio Telephone operators - Financial upgradation - Denial of benefit of Assured Career Progression (ACP) scheme - There is re-description of post based on higher pay scale and a specialized training - Appellants deployed to RTOs, which amounts to promotion - Said promotion disentitling appellants to benefits of ACP scheme...........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Recovery of weapon of offence - Recovery effected from confession of accused - Weapons were dug out from underneath sand in an open ground - It cannot be said that recovery of weapon of offence was from an open place accessible to all - Minor discrepancies in evidence and..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for claiming prescriptive right over a way - For claiming prescriptive right of easement, servient heritage over which claim is raised should be specifically and separately scheduled in the plaint so as to grant a decree in accordance with mandate U.O.7.R.3 CPC...........
Indian Penal Code, 1860, Section 392, 397, Evidence Act, 1872, Section 9 -- Robbery - Test Identification parade (TIP) - Complainant identified accused who had robbed him on point of knife - He thereafter identified accused during his testimony - Even though accused have been shown to complainant by police, there is no material to doubt his testimony that he was merely..........
Agreement to sell -- Clauses of agreement neither can be supplemented, supplanted or substituted by extensive description in plaint or in oral testimony...........
Agreement to sell -- Validity of agreement - Description of land qua each survey number, its location, dimensions and area is not mentioned in agreement - Agreement is not signed by Co-sharers (defendant nos. 4 & 5) of defendant Nos.1 & 2- Nothing on record to suggest that agreement was with consent and knowledge of defendant Nos.4 & 5 - It is not mentioned whether..........
Stamp Act, 1899, Section 33, 35 -- Impounding of document - When Court decides to forward document to Collector under Stamp Act, neither it is necessary nor incumbent to describe nature of document on consideration of its recitals as well as determining its nature, suggesting such description - Collector under Stamp duty has a statutory duty to decide nature of said..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction petition - Plea of decree holder/tenant that no new document can be taken into account by executing Court - Boundaries of demised premises had been mentioned by decree-holders/landlord in petition for eviction which has been allowed - If site plan has been produced before executing Court in terms..........
Sale deed -- Mistake in description of properties or boundaries - It is duty of both parties to the contract for sale of land, to take care while mentioning description of properties in the sale-deed - If there is any mistake in description of properties or boundaries in sale deed the same cannot be said to be a mistake of one party and not of both the parties to such..........
Sale deed -- Mistake in description of properties or boundaries - Not a mistake of one party - Either party may institute a suit for correcting the description of suit property...........
