Service -- Termination - Cancellation of ST caste certificate - Respondent belongs to OBC category but he obtained a caste certificate showing him to be ST - However, as per clear findings of Caste Scrutiny Committee he does not belong to ST category and his ST caste certificate was cancelled by Committee and same remained unchallenged till date - Consequently, respondent..........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Dismissal of application to recall ex parte order - Order not an interlocutory order - Appeal against such an order is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Divorce proceedings - Family Court erred in proceeding wife ex parte as she did not file written statement on first date fixed for filing written statement - Family Court ought to have given opportunity to wife to come forward so as to make an effort for reconciliation between parties - Order..........
Civil Procedure Code, 1908, Section 151 -- President of an Association examined as a witness - New President sought to be examined as a witness by eschewing evidence of earlier President - Not permissible - When erstwhile President left the association, it is not necessary to eschew his evidence - Merely because erstwhile President left the association, it will not be a..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of judicial mind by Magistrate and without satisfying himself as to which offence were prima facie being made out against accused on basis of allegations made by complainant is objectionable and deserves to be..........
Criminal Procedure Code, 1973, Section 190(1) -- Cognizance of offence - Summoning order passed on printed proforma by filing up blanks without application of judicial mind - Direction issued to Registrar General to issue a circular/memorandum in accordance with law to all District Judges in State of UP intimating them to inform all judicial Officers not to use `Printed..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Normally Magistrate directs police to file a report on the basis of complaint filed u/s 156(3) Cr.P.C. - However, in the instant case Magistrate directed police to file FIR which itself clearly indicates that he has not applied his mind - Impugned order quashed...........
Criminal Procedure Code, 1973, Section 156(3), 197 -- Complaint u/s 156(3) Cr.P.C. - Police official discharging his official duty - There must be a prior sanction to proceed against such officer - Filing of private complaint itself is abuse of process of law - Moreover, entertaining such complaint and directing to register FIR without applying mind by Magistrate is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Once finding of fact recorded by two Courts below are justified and based on due appreciation of evidence, re-appreciation of evidence at the stage of second appeal in order to draw a different conclusion is not warranted...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Additional issue - Suit for declaration and possession - Defendant raising plea of adverse possession - Framing of additional issue with regard to adverse possession - Trial Court striking issue in that regard placing onus of proof upon defendant - Order upheld...........
