Central Civil Services (Pension) Rules, 1972, Rule 49, 37(1), 3(q) -- Pensionary benefits - Qualifying service - Appellants not completed 10 years of qualifying service on the date of their absorption into VSNL/Central Public Sector Undertaking, which is mandatory as per Rules applicable for receiving pensionary benefits - They thus, not entitled to receive pensionary..........
Hindu Marriage Act, 1955, Section 29(2) -- Customary divorce - If there is a pleading that first marriage was dissolved by following a custom or usage applicable to or prevailing in community of party pleading, custom or usage must be proved to have acquired force of law by its consistent following by members of that community and that it is not unreasonable or against..........
Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Murder of five persons, robbery and rape of one lady - Forensic evidence - No forensic evidence is on record which corroborates the prosecution case - DNA samples were collected during investigation and in fact sent for DNA analysis, but prosecution never presented report to Court - No public..........
Criminal Procedure Code, 1973, Section 321, Prevention of Corruption Act, 1988, Section 13(1)(c)(d), 13(2) -- Withdrawal from prosecution - Misappropriation of public funds of Panchayat - Withdrawal sought on the ground that evidence proposed by prosecution is weak and there is no possibility of witnesses supporting prosecution - Whether documents are strong or acceptable..........
Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 - - Direction for determination of compensation - Land in question notified for acquisition 28 years ago - Appellant had put up construction over land without acquisition of said land putting public exchequer at risk - Petitioners have produced their title..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94, Protection of Children from Sexual Offences Act, 2012, Section 2(1)(d) -- Age of victim - Age mentioned in Aadhar Card - Aadhar Card is a document issued by Government of India for a holder of a person, prepared by public official in discharge of public duties and probative value of such Aadhar Card..........
Constitution of India, 1950, Article 12 -- State - Ramakrishna Mission and its hospital - Whether to consider within the meaning of State - Land provided on concessional basis to hospital - Does not by itself result in conclusion that hospital performs public function - Held, not instrumentality of State...........
Constitution of India, 1950, Article 12 -- State - Ramakrishna Mission and its hospital - Whether an authority or instrumentality of State or not - As there is absence of state control in management of hospital, it does not come within the ambit of public authority - Held, Ramakrishna Mission and its hospital is not an authority or instrumentality of State within Art.12 of..........
Constitution of India, 1950, Article 12 -- State - Ramakrishna Mission and its hospital - Whether discharge public function or not - Before an organization can be held to discharge a public function, function must be of character that is closely related to functions which are performed by State in its sovereign capacity - There is nothing on record to indicate that..........
Constitution of India, 1950, Article 12, 226 -- State - Ramakrishna Mission and its hospital - Discharge public function or not - Hospital is in receipt of some element of grant - Even, grants which are received by hospital cover only part of expenditure - Moreover, terms of grant does not indicate any form of governmental control in management or day to day functioning of..........
