Service -- Recruitment of non-teaching staff - Illegalities in selection process - As per the evidence on record, there was large-scale manipulation and tampering with results, including rank-jumping, discrepancies in marks, the issuance of appointment letters to candidates not on the panel, and appointments made beyond the panel's validity period - Further, the WBSSC..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Sanction to prosecute - Going into merits of sanction at this stage - Finding regarding legality, validity or delay in grant of sanction, at this stage are premature - Validity of sanction is an issue that must be examined during course of trial - Order..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Validity of sanction to prosecute - Inherent power u/s 482 Cr.P.C. invoked after dismissal of discharge application and consequent revision petition - Order quashing proceedings, on the ground that sanction to prosecute is illegal and invalid, set aside..........
Succession Act, 1925, Section 229, 230, 231 -- Will - Letters of administration - Executor of Will did not take any steps to obtain probate of Will - Executor disputed validity of Will and contended that testator was not in sound mind at the time of execution of Will and was suffering from different ailments since early 1995 and had no capacity to dispose - Thus, in such..........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Suit for declaration as to validity of marriage as also for negative declaration regarding marital status, falls within exclusive jurisdiction of Family Court as per S.7 Explanation (b) of the Act...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Validity - Question of validity of adoption deed does not arise when there is a decree of civil Court...........
Medical Education -- Post Graduate Medical Courses - Residence based reservation - Validity - Residence based reservation is impermissible in PG Medical courses - State quota seats, apart from a reasonable number of institution based reservations, have to be filled strictly on the basis of merit in All India examination...........
Evidence Act, 1872, Section 67 -- Will - Attestation - Will executed in favour of defendant No.1 - Wife of defendant No.1 is attesting witness to Will - Hence in view of S.67 of the Act, such bequest in favour of defendant No.1 is void - Nevertheless, it would not affect the validity of Will - But sole bequest made in Will is in favour of defendant No.1 and hence entire..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Validity - Adoption deed valid and registered one - Subsequent conduct of adoptive father cannot invalidate a valid adoption...........
Mutation -- On basis of Will - Where Will is executed in accordance with law and produced before a Municipal Officer, neither Will is evidence as provided under Evidence Act nor Municipal Officer a Court - Thus, for the purposes of Municipal records, a will which is executed in accordance with law and is not disputed can be relied upon to mutate the names of persons, who..........
