Service -- No term in the attestation form, nor any consent given by a government servant, can take away the constitutional safeguard provided to a government servant under Article 311 of the Constitution...........
Constitution of India, 1950, Article 311 -- Benefits and safeguards of Art.311 Constitution of India is available to a confirmed government servant who is the holder of a civil post - However, a probationer does not have any substantive right to hold the post, and is not entitled to the protection under Article 311...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Quashing of complaint - Allegations made in complaint, if taken on their face value and as true in their entirety, prima facie constitute commission of an offence u/s 138 of the Act - Accused taking plea that cheque in question is a forged document and was never issued by him - Held, plea of defense of..........
U P Recognized Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1979, Section 13A -- Unaided junior recognized High School - Upgraded as High School or intermediate college - Exclusion from benefit of grant-in-aid scheme - Junior High Schools already receiving aid however protected even though they were upgraded - Action of State is violative..........
Prevention of Food Adulteration Act, 1954, Section 14A, 23 -- Sample - Manner of taking - Sample taken in paper bags - No rigid rule that sample of food article cannot be taken in paper bags - Question of suitable container depends upon nature of food article of which sample is to be taken - However, it must be borne in mind that whenever samples are taken in paper bags,..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Application dismissed - Revision petition thereagainst under Article 227 Constitution of India - Held, revision petition is not maintainable against the order, whereby an application for appointment of Local Commissioner is dismissed...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - Certiorari - Scope of jurisdiction of High Court under Article 226 of the Constitution of India in issuing writ of Certiorari is restricted to cases where there are manifest error in the impugned order or the order is contrary to the provisions of law or the order is passed without jurisdiction or in cases..........
Prevention of Food Adulteration Act, 1954, Section 16, 13(2) -- Sample of tomato ketchup - Report of public analyst showing that sample did not confirm to the standards laid under the Act - Complaint filed after 5 years and 9 months from the date when sample was taken - Held, considering the nature of food article i.e. tomato ketchup which is perishable, the right of the..........
Haryana Urban Development Authority Act, 1977, Section 15, Constitution of India, 1950, Article 14 -- Industrial plots - Allotment - Procedure for allotment was due assessment of the application/project report, individual merit and financial capability of the entrepreneur - Project reports of applicants not evaluated - No criteria adopted to find out as to which project..........
Criminal trial -- Those who are not even remotely alleged to have committed offence cannot be convicted at all either at the trial or while exercising jurisdiction under Article 226 of the Constitution...........
