Medical Council of India Act, 1956 -- MBBS Course - Admission - Renewal of permission for enhancement of intake of students from 100 to 150 for academic Session 2018-19 - Second inspection - There is no restriction placed upon MCI (Medical Council of India) in conducting second inspection limiting it only in respect of deficiencies pointed out earlier - MCI is competent to..........
Payment of Gratuity Act, 1972, Section 4(5), (6) -- Forfeiture of gratuity - Dismissal from service - Misconduct - Forfeiture of gratuity is not automatic on dismissal from service - It is permissible u/s 6(b)(ii) of the Act, only if termination of an employee is for any misconduct which constitutes an offence involving moral turpitude and convicted accordingly by a Court..........
Service -- Direct recruitment - It is open to the competent authority to decide the mode and manner of selection and prescribe the qualification and eligibility at the time of recruitment...........
Agreement to sell -- Specific performance - Limitation - When performance of contract depends upon permission of competent authority, which is statutory formality, it cannot be accepted that time has started to run prior to that...........
Agreement to sell -- Specific performance - Limitation - Admittedly, only on obtaining permission from competent authority, sale deed could be executed - Thus, cause of action arose only when defendant received said permission and not prior thereto - Further, it is plaintiff who called upon defendant to execute the sale deed upon getting knowledge of grant of permission -..........
Agreement to sell -- Specific performance - Readiness and willingness - It is established on record that plaintiffs could not perform their part of contract for want of permission from competent authority which defendant required to obtain - Readiness and willingness proved - Plaintiffs entitled to specific performance. (Specific Relief Act, 1963, S.16(c))..........
Indian Penal Code, 1860, Section 332, 457, 427, 341, 504, 506, 34 -- Criminal trespass and hurt - Petitioner no.1 is daughter-in-law of complainant was in possession of a room much prior to alleged incident as per order of Court under PWDV Act - Allegations in complaint that petitioners forcibly entered into the house of complainant are false - More so, complainant failed..........
Mutation -- Law as to : (a) mutation proceedings are summary in nature wherein title of the parties over the land involved is not decided; (b) mutation order or revenue entries are only for the fiscal purposes to enable the State to collect revenue from the person recorded; (c) they neither extinguish nor create title; (d) the order of mutation does not in any way effect..........
Mutation -- Orders for mutation are passed on basis of possession of parties - Since no substantive rights of parties are decided in mutation proceedings, ordinarily a writ petition is not maintainable in respect of orders passed in mutation proceedings, unless found to be totally without jurisdiction or contrary to title already decided by competent Court - Parties are..........
Partition -- Agricultural land - Can only be partitioned by competent authorities as per provisions of Punjab Land Revenue Act...........
