Education -- Admission to B.Ed course - Determination of minority status of candidates - Challenge as to constitutional validity of Government orders (G.O.Ms) - G.O.Ms prescribed criteria only for purpose of determining minority status of candidates for admission to B.Ed. Course - This would not amount to a restriction or impose any fetters in the matter of an..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Categorical admission made in pleadings cannot be permitted to be withdrawn by way of amendment...........
Criminal Procedure Code, 1973, Section 362, 482 -- Review/Recall of Order - Application came up for admission and High Court allowed application on same date - Opposite party was not represented by any counsel nor notices were issued to opposite party before finally deciding application - Rule of audi alterem partem requires B that opportunity of hearing should be afforded..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Holder of cheque(s), a statutory presumption, is leveraged qua his holding it, in discharge of a legally enforceable debt, or other liabilities, entered into interse him and the complainant - However, afore endeavour is also extremely weak besides, flimsy, given the afore echoing,..........
Criminal trial -- An accused has right to remain silent and such silence cannot be held to be admission of any charge brought against him...........
Criminal trial -- Presence of accused at the scene of occurrence - No eye witness to the incident - None of the witnesses deposed that accused was in or around the place of occurrence at or about the time of occurrence - No effort on the part of I.O. to ascertain where the accused was at the time of occurrence - An accused has right to remain silent and such silence..........
Indian Penal Code, 1860, Section 308, Arms Act, 1959, Section 25, 54, 39 -- Offence u/s 308 IPC and Ss.25, 34, 39 of Arms Act - False implication - Victim was shifted to hospital soon after alleged occurrence by eye witness - She stated in her statement soon after her admission in hospital before I.O regarding entire incident and attributed fire arm injury suffered by her..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Admission of signatures - Once signatures admitted in the cheque, there is presumption that cheque was made or drawn for consideration on the date which cheque bears - Such presumption is however rebuttable...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent prohibitory injunction - Plaintiffs stated that they along with defendant and other co-sharers are joint owners in possession of suit land - However, admission made by DW4 and statements of PWs, defendant and other co-sharer nowhere suggest that suit land is still joint amongst parties - Rather, sale deed which..........
Indian Penal Code, 1860, Section 376D, 323, 342, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, Evidence Act, 1872, Section 3 -- Rape of minor - Appreciation of evidence - As per prosecutrix, she was beaten severely by accused - However, as per medical record, no mark of external injury was found on her body though according to doctor`s opinion,..........
