Service -- Termination - Cancellation of caste certificate - Appellant appointed on the basis of caste certificate issued to her - Since caste certificate of appellant is cancelled, order of termination was passed by Court below - However, appellant served as a Teacher and Vice president without any black spot in her service career for about 21 years - Neither appellant..........
Transfer of Property Act, 1882, Section 106 -- Lease - Merely because landlord accepted rent after termination of tenancy from tenant, but said amount appropriated and adjusted by landlord not towards rent but towards use and occupation charges of tenanted premises after termination of tenancy, it cannot be said that plaintiffs created a fresh lease in favour of defendant..........
Medical Termination of Pregnancy Act, 1971, Section 5, Constitution of India, 1950, Article 21 -- Medical Termination of pregnancy - Personal liberty - In the instant case, petitioner claims that it is injurious to her mental health to continue with pregnancy since there are severe foetal abnormalities noticed in her pregnancy - Therefore, it will be violative of her..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376(2)(n) -- Anticipatory bail - Rape - Live-i, relationship between parties - Prima facie alleged act of rape was a consensual act between two adult persons - Record indicates that prosecutrix signed documents pertaining to her medical termination of pregnancy at her own will - Applicant deserves..........
Transfer of Property Act, 1882, Section 115 -- Benefit of S.115 of the Act - Claimed by Sub-tenants - Termination of lease by lessor - DH/lessor terminated lease of suit property because of breach of terms and conditions of lease by JD - It is not a case of surrender of lease by JD, as it is a case of forfeiture or termination of lease by DH - Moreover, clause in lease..........
Transfer of Property Act, 1882, Section 106 -- Quit notice - Termination of tenancy - Mere acceptance of rent at enhanced rate by lessor cannot continue tenancy with erstwhile relationship as landlord and tenant, on the face of such termination of tenancy - Termination of tenancy rightly held, to be in accordance with law - Defendant directed to vacate suit property...........
Medical Termination of Pregnancy Act, 1971, Section 3, 5 -- Termination of pregnancy - Rape victim - 17 weeks old pregnancy - Prima facie case is not such which would bring the same within ambit of exception provided in S.5 of the Act - However, keeping in view the fact that it is a case of unwarranted pregnancy due to rape, it would be appropriate that petitioner be..........
Service -- Termination - Suppression of involvement in criminal case - Appellant found to be involved in criminal case on subsequent verification and thus terminated from services - Case of appellant directed to be considered afresh in view of Avtar Singh's case by appointing authority - Appointing authority further directed to pass speaking order after considering..........
Service -- Suppression of fact - Termination of service as there was suppression of fact of being involved in criminal case - Since criminal case involves a trivial issue between friends in a cricket match, respondent permitted to file an appropriate representation before Appointing authority - Order of termination set aside - Directions issued...........
Service -- Regularization - Temporary employment - Appellants conferred temporary status with effect from 2002, considering long period of services rendered by them - Appointment cannot be said to be illegal and in contravention of Rules - Appellants were required to be appointed on regular basis as a one-time measure, since they completed 10 years of service and temporary..........