Service -- Deputation - Order of repatriation - Appointment of deputation basis for five years or till further orders whichever is earlier - After service of 1 year repatriation to parent department - Period of tenure expiring and by that time another person already appointed in his place - Direction for reinstatement cannot e given effect to - Respondent, held, entitled..........
Prevention of Corruption Act, 1988, Section 7 -- Illegal gratification - Accused demanded and accepted Rs.3000 as illegal gratification from complainant for disbursement of remaining loan amount - Recovery of tainted currency notes from possession of accused, established by cogent and consistent testimonies of official witnesses - Accused had not given any explanation as..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Application u/s 45 of Evidence Act for sending disputed cheque for examination by handwriting expert was dismissed - As per accused cheque is not filled in his handwriting and operative part of cheque is filled by using different pens - Moreover, it will..........
Jammu and Kashmir Civil Procedure Code, 1977, Order 6, Rule 17 - - Amendment of plaint - Amendment sought to substitute other land instead of suit land - By proposed amendment entire structure of suit, cause of action and relief gets changed - Such unwarranted amendment should not have been allowed - Impugned order of allowing amendment of plaint set aside - Since..........
Haryana Urban Development Authority Act, 1977, Section 15, 17 - - Plot - Auction - 25% of auction price deposited - Remaining amount was to be paid in ten half-yearly installments and in default interest @ 10% p.a was payable - Remaining amount not paid nor willingness shown to make payment despite ample opportunities - Authority directed to pay remaining amount with 18%..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, 21 -- Recovery of Proxyvon capsules - Recovery memo mentions FIR No. even before registration of case - No contemporary documentary evidence to demonstrate that seized packets of samples and remaining stock of alleged contraband were kept in malkhana before forwarding of samples to FSL for chemical..........
Indian Penal Code, 1860, Section 323, 147, 149, Probation of Offenders Act, 1958, Section 4, 6 -- Voluntarily causing hurt - Probation - Appellate Court failed to record reasons as to why probation was not granted to accused persons - Revisionist is poor man and aged about more than 60 years whereas other accused are above 50 years - There is no impediment to release..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining daughter-i, law from interfering in peaceful living of father-i, law along with his wife - House in question is self acquired property of father-i, law and he is exclusive owner of said house in which his son has no right - Daughter-i, law is not entitled to claim any right to live in..........
Adverse possession -- A person who possess property of another with a mistaken belief that he himself is true owner of that property or that much extent of property also forms part of his remaining property, cannot claim right of adverse possession, as he does not know or recognize and acknowledge that it is the property of another person and that possession can never be..........
Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Deceased died within 6 months of her marriage - No particular allegation against accused regarding dowry demand - Parents of deceased themselves admitted that accused persons had incurred all marriage expenses - When demand was not proved then further demand of payment of remaining amount of Rs.3000 and..........
