Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for permanent prohibitory injunction against defendants - co - sharers - Determination of possession - Latest Khasra Girdawari entry showing possession of defendants - Cannot be considered : firstly, entry in Khasra Girdawari made without notice to the plaintiff and without any proper enquiry; and secondly, because of..........
Haryana Panchayati Raj Act, 1994, Section 51(3) -- Enquiry against Sarpanch - Has to be held in accordance with principles of natural justice - Minimum expected that Inquiry Officer must consider entire evidence - Evidence led but not considered in Enquiry Report - Cannot be said to be Enquiry Report at all...........
Haryana Panchayati Raj Act, 1994, Section 51(3), 51(4) -- Deputy Commissioner ordered not only removal of Sarpanch but also disqualified Sarpanch from contesting election for a period of six years - Enquiry Report shows that Inquiry Officer failed to apply his mind to the evidence led by the parties, not a single reason assigned as to why evidence adduced by Sarpanch not..........
Civil Procedure Code, 1908, Order 21, Rule 58(2) -- Execution - Sale of property attachment before judgment for realisation of amount due under money decree - Appellants filed claim petition to release the property from attachment based on an agreement of sale executed by J.D. and possession delivered thereunder - Holding of an enquiry by Court for disposal of claim..........
Service -- Penalty or punishment imposed by Disciplinary or the Departmental authority - Attempt to molest subordinate woman employee at place of work - Enquiry Officer found that charge proved - Disciplinary authority imposed punishment of dismissal from service - Appellate authority confirmed punishment on reappreciation of case - High Court while reappreciating evidence..........
Service -- Disciplinary enquiry - Dismissal from service - Bus conductor collecting excess fare, not issuing tickets inspite of collecting fare, misappropriated money and misbehaved with checking staff - Delinquent neither cross examined checking staff who filed report nor challenged report despite opportunity given - Report proved by checking staff - Tribunal's finding..........
Civil Procedure Code, 1908, Order 21, Rule 101 -- The enquiry contemplated under R.101 is an extensive one and is a substitute for a suit - All questions relating to right, title and interest in the property arising between the parties to a proceeding shall be determined by the execution Court...........
Service -- Departmental enquiry - Interference by Court with its findings - Court cannot sit in appeal over findings and assume role of appellate authority - Court can interfere with conclusion reached if there was no evidence to support findings or findings are perverse...........
Service -- Departmental enquiry - Reasonably opportunity of being heard - Procedure to bring on record statement made by a witness during preliminary enquiry or investigation - Held, copy of statement should first be supplied to delinquent and then he should be given an opportunity to cross examine that witness...........
Service -- Departmental enquiry - Delhi Police (F & A) Rules, 1980, R.16(3) - Rule is almost akin to Sections 32 and 33 of the Evidence Act - Before rule can be invoked factors enumerated therein, namely, presence of witness cannot be procured with undue delay, inconvenience or expenses have to be found to be existing...........
