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| 2013 ICO 542 -
Service – Termination on ground of medical Disability – Where the appellant was found to be medically unfit to continue to work as a driver; His case for alternative employment in terms of the Memorandum dated 20.08.1992 was duly considered; No such alternative employment was available; additional compensation payable to the appellant in terms of the Memorandum dated 20.08.1992 was calculated and paid and superannuation of the appellant, if he had continued in service, was due on 30.09.2004, the SC taking into account the totality of the facts of the case,held that the
[Supreme Court of India]
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| 2013 ICO 541 -
Registration Act, 1908 - Indian Stamp Act, 1899 - Section 2(12) as amended by the West Bengal - Section 47A as amended by the West Bengal - The West Bengal Stamp (Prevention of Undervaluation of Instruments) Rules, 2001 - Rule 3 - The registering authority cannot be compelled to follow invariably the value fixed by the court for the purpose of suit valuation.
Held: The court had, in fact, fixed the market value of the property in that case for permitting the Trust estate to put it to sale. However, without reference to the court, it appears that the Collector made
[Supreme Court of India]
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| 2013 ICO 540 -
A. Evidence Act, 1872 – Sections 40, 41, 42 & 43 – Effect of the Provisions - if the criminal case and civil proceedings are for the same cause, judgment of the civil court would be relevant if conditions of any of Sections 40 to 43 are satisfied but it cannot be said that the same would be conclusive except as provided in Section 41. Section 41 provides which judgment would be conclusive proof of what is stated therein. Moreover, the judgment, order or decree passed in previous civil proceedings, if relevant, as provided under Sections 40 and 42
[Supreme Court of India]
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| 2013 ICO 539 -
Constitution Of India – Article 72 – Where the President was not properly advised and assisted in the disposal of the petition filed by the appellant and the Division Bench of the Gauhati High Court did not have the benefit of going through the record/files maintained by the Ministry of Home Affairs resulting in the impugned order not containing any reference to the order passed by the President on 30.9.2005 and the note recorded by him for the consideration of the Home Minster, The SC held that 12 years delay in the disposal of the appellant’s mercy petition
[Supreme Court of India]
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| 2013 ICO 537 -
A. Service – Qualifying Marks - Arunachal Pradesh Public Service Combined Competitive Examination (Preliminary) 2006-07 - It is now well settled that fixing the qualifying marks in the viva voce test after the commencement of the process of selection is not justified but fixing some criteria for qualifying a candidate in the written examination is necessary in order to shortlist the candidates for participating in the interview.
Held: It is now well settled that fixing the qualifying marks in the viva voce test after the commencement of the process of selection is not justified but fixing some criteria for
[Supreme Court of India]
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| 2013 ICO 536 -
Indian Penal Code, 1860 – Sections 452, 341, 302 & 34 - Non-examination of Shobhana Parkar as well as the contradictory versions in Ex.28 and Ex.27 as well as the discrepancies and omissions pointed by the trial court Which cannot be held to be minor , create a dent in the prosecution story.Since the view expressed by the trial Court cannot be said to be unreasonable or perverse, warranting disapproval, especially when the trial Court had acquitted rest of the six accused persons, which was affirmed by the High Court on the same set of evidence,
[Supreme Court of India]
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| 2013 ICO 535 -
A. Evidence Act, 1872 – Section 8 – Motive - It is settled legal position that if there is direct trustworthy evidence of witnesses as to the commission of offence, motive part loses its significance. Therefore, if the genesis of the occurrence is proved, the ocular testimony of the witnesses could not be discarded only by the reason of the absence of motive, if otherwise the evidence is worthy of reliance.
Held: It is settled legal position that if there is direct trustworthy evidence of witnesses as to the commission of offence, motive part loses its significance. Therefore, if
[Supreme Court of India]
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| 2013 ICO 533 -
A. H.P. Urban Rent Control Act, 1987 - Section 14(3)(c) - Availability of building plans duly sanctioned by the local authorities is not an ingredient of Section 14(3)(c) of the Act and, therefore, could not be a condition precedent to the entitlement of the landlord for eviction of the tenant, but depending on the facts and circumstances of each case, the Court may look into the availability of building plans duly sanctioned by the local authorities for the purpose of determining the bonafides of the landlord.
Held: Availability of building plans duly sanctioned by the local authorities is
[Supreme Court of India]
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| 2013 ICO 532 -
A. Juvenile Justice (Care and Protection of Children) Act, 2000 - Sections 2(k), 2(l), 7-A, 20 and 49 read with Rules 12 and 98 - The law as now crystallised on a conjoint reading of Sections 2(k), 2(l), 7-A, 20 and 49 read with Rules 12 and 98, places beyond all doubt that all persons who were below the age of 18 years on the date of commission of the offence even prior to 1-4-2001, would be treated as juveniles, even if the claim of juvenility was raised after they had attained the age of 18 years on or
[Supreme Court of India]
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| 2013 ICO 531 -
A. Service – Enquiry - It is a settled legal proposition that, once the Court set asides an order of punishment on the ground, that the enquiry was not properly conducted, the Court should not severely preclude the employer from holding the inquiry in accordance with law. It must remit the concerned case to the disciplinary authority, to conduct the enquiry from the point that it stood vitiated, and to conclude the same in accordance with law. However, resorting to such a course depends upon the gravity of delinquency involved. Thus, the court must examine the magnitude of misconduct
[Supreme Court of India]
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The Madhya Pradesh Niji Short title, extent and Vishwavidyalaya (Sthapana commencement. Avam Sanchalan) Adhiniyam,
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The Maharashtra Control of Organised Crime Act, 1999.
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The Assam Police Service Rule,
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The Kerala Land Conservancy Rules,
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The Karnataka Stamp Act,
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The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)
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the Ancient Monuments and Archaeological Sites and Remains Rules,
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The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996.
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The Pre-conception and Prenatal Diagnostic Techniques (Prohibition of Sex Selection) Act,
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the Presidential and Vice-Presidential Elections Act, 1952.
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