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SERVICE & LABOUR LAWS Selection - Waiting list - Four Corporations issued separate advertisements inviting online applications for two posts - All but one of advertisements provided that there will be no waiting list as per G.O.Ms. No. 81 dt. 22.02.1997 - Tests conducted at about same time - Many candidates selected in more than one Corporation - On 01.06.2016, State Govt. issued clarification that the Corporations were free to fill up the left over vacancies by operating the merit list downwards – Same quashed by High Court being contrary to G.O.Ms. dt. 22.02.1997 as there could be no waiti.....

CRIMINAL LAWS Murder – Plea that complainant party was aggressor and injuries on accused were not examined, rejected by courts below, on the ground that injuries sustained by accused were simple in nature and would not make any difference to the prosecution's case. Held, there is no reason to disturb the concurrent findings. (Para 5) Murder – Land dispute – Accused receiving simple injuries – Evidence clearly showing the manner in which incident took place – Even though appellants took a stand in the written statement under section 313 CrPc they did not lead any evidence, but merely relied.....

LAND LAWS U.P. Consolidation of Holdings Act Section 5(c)(ii) - Permission of settlement office - Whether required for selling a chakout land i.e. land falling outside consolidation scheme. Held, no. Where a land is subject matter of consolidation proceedings, its sale during consolidation proceedings, could affect the entire consolidation scheme. It is for this purpose that Section 5(c)(ii) requires prior permission of the Settlement Officer (Consolidation) before selling such land. But where a land falls outside the consolidation scheme, though it may be part of the holding of the tenu.....

MINING LEASE Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012 Rule 25, Rule 41(v) - Surrender of mining lease - In an auction, bid of Joint Venture (between petitioner and KJSL) accepted and mining lease awarded - Later JV opted to rescind the contract - At this stage, strangely petitioner wrote to Chief Minister expressing the desire to continue with the lease alone and for transfer of share of KJSL - Mining Engineer allowed the request - Same was approved by superiors including Chief Minister - Vide decision dated 17.6.201.....

ARMY Defence Service Regulations for Armed Forces Regulation 754(C) - Disproportionate punishment - Overstaying casual leave period for around 1½ years - Neither superiors nor nearest military station informed about the cause, which according to respondent was health problems including mental stress, due to marital dispute - He did not go to a Military Hospital - Award of imprisonment, reduction in rank and dismissal from service found to be excessive by Tribunal on the ground that there were compelling circumstances for overstay and it was his first offence - Reinstatement directed. Justifi.....

PREVENTION OF CORRUPTION Prevention of Corruption Act, 1988 Section 13(1)(e) read with Section 13(2) - Public servant - Disproportionate assets - Admission by PW2 and PW6 (Investigating officers) that agricultural income and pay of appellant during various portions of check period were not included and if same are included, charge of disproportionate assets would become non est - In relation to the two incomes, Trial Court, on its own embarked on an enquiry and resorted to inferences to arrive at the figures - It also fixed 60% expenditure from pay towards household needs on presumption - .....

PRACTICE AND PROCEDURE Civil Procedure Code, 1908 Section 96, Order XLI Rule 31 – Reasoned judgement - Duty of first appellate court –High Court merely quoting some paragraphs from Trial Court’s judgement and dismissing first appeal - Oral and documentary evidence not appreciated – Issues raised in law, not answered. Held, reason is life of law. Absence of analysis shows non-application of mind. First Appellate court being a final court of fact, its pure finding of fact remains immune from challenge. Even an erroneous decision on question of law may not be available for correction in second.....

CRIMINAL LAWS Murder – Evidence of eye-witness – According to PW5, brother of deceased, accused came in van and motorcycle - On being hit by car, deceased fell down and was attacked on head and face with swords and iron pipes – Vivid description given – PW5 also stated how accused injured PW8 and one ‘Sh’, who came to rescue deceased - Evidence of PW8, injured eye-witness, also to the same effect - His injuries were proved by PW11, doctor - Post-mortem report showed death to be homicidal and caused by means of sharp edged weapon, possible by sword - PW12, deceased's wife who was called by PW5.....

Accidental Claim Employee’s Compensation Act, 1923 Section 4 - Compensation - Computation of income - As per evidence, 35 year old deceased, earned Rs. 6000 pm and Rs. 100 as bhatta - Yet High Court took his income as Rs. 5500/- pm and deducted 50% wages and multiplied it with relevant factor of 197.06 to arrive at a compensation of Rs. 5,41,915/- - Further sum of Rs. 5000 awarded as funeral expenses - Justification. Held, since Rs.100 received as bhatta would have been spent on personal expenses, entire amount of Rs.6000 pm should have been taken as income. Otherwise, High Court has right.....

INCOME TAX Income Tax Act, 1961 Sections 80HH, 80-I and 80-IA - Benefit under - Bottling of LPG cylinders – Whether amounts to ‘production’ or ‘manufacture’ for purpose of Sections 80HH, 80-I and 80-IA – Revenue’s contention that LPG produced and manufactured in refineries does not undergo any change in the chemical composition or other properties in the activity of filling the cylinder – Held, contention is unacceptable. LPG obtained from refinery undergoes a complex technical process in the assessees’ plants and is clearly distinguishable from LPG bottled in cylinders and cleared from th.....

PRACTICE & PROCEDURE / CRIMINAL LAWS Criminal Procedure Code, 1973 Section 195(1)(a)(i) - Bar against taking cognizance of offence under Section 182 IPC - Charge-sheet against Respondent, advocate, for producing false evidence and making false representation for a bogus insurance claim - High Court directed CBI to investigate - Whether cognizance against respondent could be taken only on a complaint by concerned public servant or his superior to whom he is administratively subordinate - Whether High Court is not included in the expression “other public servant to whom he is administratively .....

CRIMINAL LAWS Common intention - Held it is a state of mind. No direct evidence is available. It can be inferred from the conduct and behaviour of the accused in the facts and circumstances of each case. Absence of any overt act of assault, exhortation or possession of weapon cannot be determinative of absence of common intention. Shobha Ram referred. (Para 10) Penal Code, 1860 Section 302/34 - Murder - Common intention - Absence of no overt act - According to PWs four accused came in car, accused no. 3 identified deceased and on exhortation by Respondent 2 and accused no.4 shot at dec.....

Matrimonial LAWS Penal Code, 1860 Section 498A – Abuse of – Summoning of husband and his relatives - Most cases filed in heat of passion over trivial issues, roping in entire family – Following directions for safeguard from uncalled arrests issued – (a) In every district one or more Family Welfare Committees be constituted. (b) Committee members not to be called as witnesses. (c) Every complaint under Section 498A to be looked into by the committee. It may have interaction with the parties. (d) It may give brief report on factual aspects and its opinion. (e) Report to be given to Authority b.....

PROPERTY LAWS Transfer of Property Act, 1882 Sections 54, 55 - Registration of Agreement to sell - Transfer of Immovable property, held, can only be by a registered document. Suraj Lamp's case referred. (Paras 15-16) Transfer of Property Act, 1882 Sections 54, 55 - Agreement to sell - Respondent no.1 claimed ownership of suit property on basis of agreement to sell (dt. 4.10.1995) - Original agreement to sell not produced - As per forensic expert, signature on the photocopy not found to be of original owner - Suit property was attached by bank in year 2001, in a recovery proceedings again.....

EDUCATION / SERVICE AND LABOUR LAWS Right of Children to Free and Compulsory Education Act, 2009 Section 23(1) – Notification dt. 29.7. 2011 issued by NCTE providing for requirement of 50% marks in graduation as mandatory for appointment of teachers in schools - Validity of - Said requirement was earlier optional for those who had 50% marks in post graduation, which was relevant qualification under Notification dt. 23.8.2010 - Even according to NCTE those who had 50% marks in post graduation and were eligible for admission to B.Ed., could be treated as qualified – Whether candidates who had .....