Rent and Eviction -- Demolition of building - Without giving three days prior notice - Notice was served upon tenant on 6.1.1995 and building was demolished on 9.1.1995 - Clear three days notice thus, not served upon tenant - More so, it is not a case where there was any sudden development leading to demolition of building but order of demolition was a considerate action..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Theft of vehicle - Delay of 7 days in lodging FIR and delay of 78 days in intimating to the Insurance Company - District Forum and State Commission passed an award to pay the insured amount but National Commission set aside the order - Delay in lodging FIR need not to be considered, in the instant case, as plea..........
Medical negligence -- Death of patient after second surgery - First operation performed by same team of doctors in same hospital was successful and unfortunate incident occurred when second operation was scheduled - When it is shown that earlier operation was uneventful, in absence of any medical evidence brought on record to contrary regarding failure on part of doctor..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 201, 149, 120B -- Bail during pendency of appeal - Appeal against conviction - Murder case - High Court while granting bail to accused not at all appreciated and considered the fact that trial Court on appreciation of evidence convicted accused - There is total lack of clarity on submissions,..........
Service -- Disciplinary enquiry - Charge sheet - Acts of indiscipline and insubordination - Allegation against respondent is that he committed acts of indiscipline and insubordination by not following instructions issued by his superior officers regarding disbanding of Gunda Squad - Charge sheet together with statement of imputations contained a detailed elaboration of..........
Caste certificate -- Cancellation of - Validity - District Level Vigilance Committee on an inquiry upheld the community certificate in favour of appellant in the year 1999, not challenged in any forum and as such order became final - State Level Scrutiny Committee did not have power to reopen the matter relating to caste certificate that was approved by District Vigilance..........
West Bengal Municipal Act, 1993, Section 217, 218 -- Demolition of construction - Appellant purchased ground floor of property in dispute - Dispute pertains to right of respondent no.3 in making construction on roof of first floor in which he resides - Any dispute relating to that right has to be decided by Civil Court - No interference warranted in order of High Court...........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - An order granting stay of arrest in a proceeding u/s 482 Cr.P.C. lies within the jurisdiction of High Court - However, grant of such relief must be after a judicious application of mind, which must emerge from the reasons which are recorded by the Judge...........
Maharashtra Police Act, 1951, Section 56 -- Externment order - Challenge as to - Externment order was outcome of complaints lodged by appellant against government officials, some Madrasas and persons connected with such Madrasas, who later lodged FIRs against appellant - FIR`s against appellant clearly vindictive, retaliatory and aimed to teach a lesson to appellant and..........
Maharashtra Police Act, 1951, Section 56 -- Externment order - Threat to lodge a complaint cannot possibly be a ground for passing order of externment u/s 56 of the Act, particularly when responses to government authorities to queries raised by appellant under RTI Act clearly indicate that complaints lodged by appellant against such government authorities are not frivolous..........
