Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(s) -- Offence u/s 3(1)(s) of the Act - Merely abusing a member of a Scheduled Caste or a Scheduled Tribe would not be enough - At the same time, saying caste name would not constitute an offence...........
Service -- Cancellation of appointment - Non-disclosure of pendency of criminal cases - Investigation of case was active against respondent at the time of filling up of forms so also at the time of affidavit - Acquittal/dropping of proceedings against him were subsequent developments - Subsequent acquittal or fact that he attempted to come clean about suppression of facts..........
Agreement to sell -- Prohibition of transfer on vendor - Suit property was gifted by Gram Panchayat to vendor/predecessor in interest of defendants with a condition of not to alienate property for a period of 20 years - After expiry of 20 years of gift deed vendor became eligible to transfer property - Even otherwise, if vendor is held to be ineligible to transfer..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Plaintiffs sought to change genealogy of joint family of their ancestors on the ground that they were not aware of same at the time of filing of suit - Said contention of plaintiffs is not believable and they must be vigilant to describe correct genealogy..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Issues relating to state of mind of executants at the time of execution of settlement deeds, role of respondent Nos.1 to 3 in execution and use of settlement deeds, existence of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - When a person is added as an accused u/s 319 Cr.P.C. and that person is ultimately arrested and prays for bail, relevant consideration at the end of Court while considering his plea for bail should be strong and cogent evidence than mere probability of his complicity - Test that has to be applied is one which..........
Evidence Act, 1872, Section 110 -- (Bharatiya Sakshya Adhiniyam, 2023, S.113) - Presumption as to possession - Possession follows title is the presumption that may be raised u/s 110 of the Act - To raise such presumption, possession must at any time be with title and person must have continued with possession which was prima facie not unlawful and contesting party had no..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - If parties to suit failed or omitted to state certain facts or certain facts came to their knowledge at a later point of time in such circumstances, Court can grant leave U.O.8.R.9 CPC to file subsequent pleadings...........
Education -- Release of marksheets and degree - B.A LLB course - Name of appellant was not included in admission disclosure list sent to committee due to a clerical and inadvertent error - Appellant has been a bona fide student of University and had cleared all her examinations - She has been deprived of her documents for no fault of her for a su bstantial period of time..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Multiplier - Appellant was 27 years of age at the time of accident - Multiplier applicable would be 17...........
