Constitution of India, 1950, Article 226, 233, 235, Uttar Pradesh Public Services (Reservation) for Scheduled Castes and Scheduled Tribes and Other Backward Classes Act, 1994, Section 3, Uttar Pradesh Higher Judicial Service Rules, 1975, Rule 7, 8(2) -- Direct recruitment of District Judges - Reservation - Adoption of statutory prescription under Act of 1944 by High Court..........
Karnataka Municipalities Act, 1961, Section 9, 4(1) -- Alteration of limits of Town Municipal Council - Publication of notification - Conspicuous place for posting public notice - It has held that Office of the Collector, Panchayat Office, Office of Tehsildar, Office of municipality, railway station and bus stand, etc. of the local place are conspicuous places...........
Indian Penal Code, 1860, Section 193 -- Offence u/s 193 IPC - Complaint not filed by any public servant or Court, which is mandatory for framing charge u/s 193 IPC - Charge not sustainable...........
Evidence Act, 1872, Section 85, Notaries Public Act, 1952, Section 14 -- Power of attorney executed and authenticated by foreign notary - Presumption - Provision of S.85 of Evidence Act, cannot be read in isolation to the specific provision as contained in S.14 of Notaries Act - In absence of notification of Central Govt. granting recognition to notarial act of foreign..........
Notaries Public Act, 1952, Section 14 -- Recognition of notarial acts done by foreign notaries - Unilateral recognition by an Indian Court of notarial act done by foreign notary is impermissible in the absence of reciprocity of recognition...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - 32 kg of contraband substance allegedly recovered from car of accused - Prosecution is required to establish its case in a manner alleged by it by leading cogent, convincing and reliable evidence - In absence of public witness, entire case of prosecution when based on testimonies of official..........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Quantum of compensation - Defendant failed to execute work of construction of sewerage pumping station within stipulated time - Said pumping station was of public utility project - Even if there is no specific evidence of loss suffered by plaintiff authority but project being public utility, delay itself can..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 31 -- Transfer of case - High Court has no jurisdiction to pass orders and give directions to Court Receiver for sale of property in public auction after establishment of DRT Act as proceedings are automatically transferred to DRT - Action of Court Receiver is void ab initio in law - Order of DRT..........
Constitution of India, 1950, Article 226, 49, 51A(f), Ancient Monuments Preservation Act, 1904, Section 11, Prevention of Damage to Public Property Act, 1984, Section 3 -- PIL - Thefts and damage to historical objects preserved in museums - Seeking directions for adequate security and proper investigation into matter - Taking into consideration stand taken by Central..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Must be sufficient to identify it - Property can be identifiable by boundaries, or by number in a public record of settlement or survey - Even by plaint map showing the location of the disputed immovable property, it can be described...........
