Service -- Appointment - Non-joining Duty (NJD) vacancies - Ranked list expired before vacancies came to be reported - No claim therefore, can be based on such Ranked list which had ceased to exist - Such vacancies therefore, must be filled up from amongst empanelled candidates in fresh Ranked list...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Factum of marriage between parties not disputed, nor is the fact that a child was born out of this wedlock - Though wife got a job as guest teacher, but record does not reveal the date as to when she was given said appointment - However, it is the responsibility of husband to maintain wife in case she is..........
Service -- Amendment of appointment & recruitment Rules - Post of Sub-Inspectors (Executive) Male - Amendment in Rules give some advantage in relaxation of upper age limit for a fair consideration in process of selection and scaling upper age limit which reduce number of serving personnel holding post of Constable/Head Constable/ASI in competing with candidates in open..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Suit for permanent prohibitory injunction - Burden in a suit for permanent prohibitory injunction is entirely on plaintiff to bring convincing evidence to show his possession over plaint schedule property and for so doing, it is not permissible for plaintiff to invoke O.26.R.9 CPC which is..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Power of appointment of Commissioner for local investigation cannot be exercised by Court to enable any party to collect evidence through Commissioner to prove factum of possession or enjoyment, which has to be decided only from oral and documentary evidence to be adduced by parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Purpose of local investigation is to elucidate any matter in dispute, which itself indicates permissibility of collection of evidence, in respect of matters which cannot be effectively proved like measurement, demarcation, identity of property and physical features etc. by oral evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Commissioner cannot report about ownership of articles found in premises, as said aspect is a matter for evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To report as to what part of property is constructed upon and what part is vacant - It does not amount to gathering substantial evidence - Local Commissioner will not state in his report as to who is in possession or not in possession of any part of suit property and in case Local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application filed after 44 years of filing of suit - No explanation given by defendants for such delay in filing application U.O.26.R.9 CPC - Defendants encroached upon certain piece of land belonging to plaintiffs - It would not be in the interest of justice to remand the matter to trial Court..........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iv) -- Adoption - Validity - Petitioner was above 15 years of age on the date when he is said to have been taken in adoption - Adoption held, not valid - Claim of petitioner for compassionate appointment on basis of said adoption being adoptive son of deceased employee rightly rejected...........
