Service -- Domestic enquiry - Confessional evidence and circumstantial evidence, despite lack of any direct evidence, is sufficient to hold the delinquent guilty of misconduct and to justify the order of termination that had been passed...........
Indian Penal Code, 1860, Section 211, 220, 330 -- Police officials - Offence of wrongful confinement, causing injuries and falsely implicating son of complainant in a criminal case - Accused exonerated in departmental enquiry - However, in an enquiry conducted by Additional Sessions Judge prima facie involvement of accused was found in the commission of offence - After..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226, 136 -- CBI enquiry - Cannot be ordered as a matter of routine or merely because party makes some allegation - Material on record not disclosing a prima facie case calling for an investigation by CBI - Mere allegations that son was murdered because he discovered some corruption does not..........
Indian Penal Code, 1860, Section 300 -- Proviso thirdly - Intention to murder - Must be gathered from the backdrop of events and the circumstances attending thereto - Intention to cause the bodily injury, if proved, the rest of the enquiry would be purely objective and the only question is whether the injury is sufficient in the ordinary course of nature to cause death...........
Service -- Departmental enquiry - Two employees involved in a scuffle - Both found guilty - One awarded punishment of withholding of increment for a period of two years with cumulative effect whereas the other removed from service - Held, punishment of removal is too harsh and the same set aside and instead the penalty of withholding of increment for a period of three..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deaf and dumb - Suit against - Mental infirmity includes physical defects like deafness or dumbness - Court is bound to conduct enquiry as to whether deaf and dumb person is capable of protecting his own interest and if not then to appoint next friend for such a person...........
Hindu Law -- Alienation - Duty of purchaser - Onus of proof is on the purchaser to prove that property was alienated for legal necessity or that he had made proper and bonafide enquiry as to existence of legal necessity - If sale is not for legal necessity it will not bind the other members of the family...........
Punjab Land Revenue Rules, 1908 -- Lambardar, appointment of - Lower Revenue Authority recommended name of RS - Appointed lambardar by Collector - Appointment upheld by Commissioner - Orders challenged in revision - Petitioner chairman of Village Co-op. Bank. Held - Suitability for appointment as lambardar is best assessed by Revenue Officer in field who are in position to..........
Agreement to sell -- Specific performance - Bonafide subsequent purchaser for value without notice - Enquiry not made as to who is in cultivating possession of suit land - Jamabandi also not looked into to know as to who is cultivating the land - Having his own agricultural land adjoining the land in question, visiting the place frequently, cannot be ignorant and is..........
Land Acquisition (Companies) Rules, 1963, Rule 4 -- Rule is mandatory in nature - The owners of the land are entitled to be heard at such an enquiry for the purpose of proving or disproving the reasonable efforts of the company to get such land by negotiation...........
