Service -- Appointment - Appointments cannot be made over and above the vacancies which have been advertised, except in an emergency situation or for some unforeseen reasons, in public interest or when a policy decision is taken by State Government in this regard...........
Judicial service -- Appointment - Vacancies on which appellants were appointed were never advertised and such vacancies cannot be termed as anticipated vacancies - However, appellants have been working as judicial Officers now for nearly 10 years after successfully passing written examination and viva voce - Therefore, unseating appellants from their posts would not be in..........
Agreement of re-conveyance -- Specific performance - It is implicit that plaintiff has to accept the title of defendant - However, in the instant case plaintiff in his pleadings and in his evidence has taken the plea that defendant has no right, title and interest in the suit property - Considering the frame of suit and stand taken by plaintiff in plaint and in evidence,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-payment of ad valorem Court fee - Plaint rejected as plaintiff failed to deposit ad valorem Court fee despite granting two opportunities - However, considering nature of litigation, it is in the interest of justice that case is decided on merits and therefore, impugned order set aside subject to..........
Partition -- Preliminary decree - Challenged by purchaser from one of the co-sharers that his rights are adversely affected as he has spent huge amount in raising construction - Appeal was dismissed but a direction was issued to demolish the construction on the suit plot forthwith - Demolition of already constructed buildings may not be in the interest of any of the..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to daughter-in-law - Execution against property in the name of father-in-law - Plea that maintenance order is only against husband and that maintenance can be recovered from him or his assets and that father-in-law is not personally liable to wife when her husband is alive - Father-in-law denied having coparcenary..........
Agreement to sell -- Specific performance - Sale consideration was Rs.1,80,000 and plaintiff had paid a sum of Rs.1,75,000 - However, no prudent person after paying Rs.1,75,000 will take two years time for the purpose of paying balance of Rs.5000 - Necessity for plaintiff to take two years time to pay balance is not only artificial but is not natural in the course of..........
Criminal Procedure Code, 1973, Section 91, 311A -- Voice sample - Voice sample was sought not from accused during course of investigation but from witnesses, who during the course of examination had denied their voices - Magistrate has power to direct recording of voice samples, based on principles of ejusdem generis and also on principle that fundamental right to privacy..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where executing Court has given findings on an application which was not at all maintainable, findings affecting applicant's interest do not operate as res judicata in subsequent suit that they may initiate...........
