Service -- Freedom Fighter's Pension - Earlier application for claim of pension was rejected and said order became final being not challenged - After 13 years of such rejection, respondent again made a second time claim for pension - Respondent not disclosed his earlier rejection by producing earlier orders while making second time before appellant and also before High..........
Civil Procedure Code, 1908, Section 100, 103 -- Second appeal - High Court observed that First Appellate Court approached the matter incorrectly - High Court thus, ought to have either remanded matter or exercised its powers u/s 103 CPC and decided issues of fact - However, High Court decided appeal without any assessment of evidence on record in a single paragraph - Order..........
Medical education -- Admission to MBBS course - Qualification - Medical Council of India Regulations on Graduate Medical Education (MCI) emphasized that candidate should have undergone study at 10+2 stage in specified subjects of Physics, Chemistry and Biology/Bio-technology - Certificate relied upon by candidate merely clarified that she undertook course whilst in 10..........
Practice and Procedure -- National Consumer Disputes Redressal Commission - Pronouncement of operative order but delay in passing reasoned judgment - Reasoned judgment be made available to litigating parties positively within a period of two months...........
Civil Procedure Code, 1908, Order 21, Rule 94 -- Auction sale - Sale certificate - When sale was confirmed and sale certificate was issued after overruling objections raised by JDs, High Court ought not to have thereafter set aside order overruling objections raised by JDs - Order of High Court set aside...........
Consent decree -- Fraud - When mortgage property was sold in Court auction in execution proceedings and sale was confirmed in favour of auction purchaser and sale certificate was issued and sale was confirmed after overruling objections raised by fraud and initially by consent decree was not challenged at all and even order overruling objections raised by JDs was also not..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of plaintiff that plaint discloses triable issued as such plaint should not be rejected at the initial stage - Entire base of filing of suit is pre-emption agreement executed by Power of Attorney holder - To confer a right and to bind the owner, there has to be a valid Power of Attorney - In the..........
Indian Penal Code, 1860, Section 302 -- Murder - Appeal against acquittal or conviction - Delay - Courts do not ordinarily dismiss an appeal against a judgment and order of trial Court whether of conviction or acquittal on sole ground of some delay in a criminal case involving serious offence of murder...........
Arbitration and Conciliation Act, 1996, Section 34, 37(1)(c) -- Arbitration award - Objections - Delay - Refusal to condone delay - An appeal is maintainable against an order refusing to condone delay in filing an application u/s 34 of the Act to set aside an award...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
