Service -- Selection process - School Lecturer Examination - Correctness of final key answers - Final key answers were published by Commission after considering objections against the same - Moreover, no error can be found with answers of Expert Committee report which re-examined the key answers vide order of Supreme Court - Commission accepted the report of Expert..........
Criminal Procedure Code, 1973, Section 90, 91 -- Summoning of documents - If material on basis of which investigation officer has drawn his final conclusions, are not filed alongwith final report, trial Court has power to summon those documents before passing any order on final report submitted by police or on protest petition filed by complainant...........
Prevention of Food Adulteration Act, 1954, Section 13 -- Sample of Ghee - Variation between reports of Public Analyst (PA) and Director - Certificate of Director shall supersede the report of PA - S.13(3) Proviso of the Act, makes such a certificate final and conclusive evidence, puts it beyond any shadow of doubt that report of PA loses any significance in proceedings as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25, 15, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Prolonged custody - Offence u/ss 8, 25, 15 of NDPS Act - Accused remained in custody for more than 5 years - Final hearing of appeals likely to take considerable time - Taking into account of prolonged..........
Guardians and Wards Act, 1890, Section 7, Civil Procedure Code, 1908, Section 11 -- Custody of child - Modification of custody order - If there is subsequent developments or changes, which made one party eligible and other ineligible for custody or guardianship, fresh main petition is maintainable - In such event, final order passed in first main petition cannot be treated..........
Guardians and Wards Act, 1890, Section 7 -- Custody of minor son - Modification of final order rejecting claim of father regarding custody of son - After disposal of main petition, Family Court became functus officio - Question of modifying final order passed therein does not arise - Hence, application for modification of final order not maintainable - Even otherwise,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of limitation sought by way of amendment - Amendment application rejected by Court below only on ground that question of limitation is purely a legal plea and Court is duty bound to consider the same even otherwise - Further, Court below observed that only material facts has to be pleaded..........
Arbitration Act, 1940, Section 3 -- Schedule 1, R.4 - Disagreement between Arbitrators - Reference to Umpire - De novo hearing - Appellant filed the application for reference to umpire at the stage when final arguments on the side of respondent is finished and date was fixed for final arguments of appellant - Such highly belated application clearly shows that it was not..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree - Appeal dismissed being not..........
Contract -- Termination - Power purchase agreement - Delay in commissioning the project - Delay occurred due to unavoidable circumstances like resistance faced at allotted site and subsequent change of location of project - These circumstances though not a force majeure event, time taken by respondent in change of location and construction of plant have to be kept in view..........
