Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Recovery of gold ornaments at the instance of A-1 - Test Identification Parade of properties recovered was not conducted in terms of R.35 of Criminal Rules of Practice which is mandatory - Even, I.O admits that though he claims to have taken signatures of accused and mediators on the..........
Land Grabbing cases -- Transfer of 864 cases pending in Special Courts to jurisdictional Courts - Single Judge while disposing of matter with respect to only one case, transferred approximately 864 cases pending in different Special Courts in different districts that too on a `special mentioning' - Practice of passing such orders on a special mentioning that too in a..........
Practice and procedure -- In judicial matters, staff members cannot make any note or suggestion...........
Monopolies and Restrictive Trade Practices Act, 1969, Section 36A, 36B(a), (d), 36D, 36E, 2(i), 2(o) -- Unfair trade practice - Apartment Buyer Agreement - Delay in handing over possession of apartment - Possession was to be handed over within a period of two and half to three years from date of agreement as per clause mentioned in agreement - It cannot be said that time..........
Monopolies and Restrictive Trade Practices Act, 1969, Section 36A, 36B(a), (d), 36D, 36E, 2(i), 2(o) -- Unfair trade practice - Apartment Buyer Agreement - Extra charges demanded by developer - Extra charges demanded as per clauses of agreement - There is no dispute that appellants had paid initial installments towards extra charges - Developer had also duly informed..........
Practice and procedure -- High Court cannot issue direction to State to form a new policy - Matter ought to be analyzed on its own merits in accordance with law...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Second application after rejection of first application without there being any change of circumstances - Such practice deprecated...........
Service -- Determination of superannuation pension - Reckoning tenure of practice at Bar as qualifying service - University in the case of one `P', who was similarly situated as appellant, duly considered the period of practice at Bar as a part of his qualifying service for purpose of determining pension payable on his superannuation - Both these individuals were..........
Service -- Re-instatement - Respondent was not a permanent employee but a contractual employee - There is no evidence to establish that appellant had retained junior workers, such unfair trade practice is not alleged or even argued before Court - Respondent having worked for more than 240 days, termination of his services violated mandatory provisions of S.25-F of..........
Practice and procedure -- Res judicata and doctrine of finality - Letters Patent Appeal which is in continuation of a writ petition cannot be filed collaterally to set aside judgment of same High Court rendered in an earlier round of litigation ignoring principles of res judicata and doctrine of finality...........
