CENTRAL CIVIL SERVICES, Rule 22 PERSONS WITH DISABILITY (EQUAL OPPORTUNITIES, PROTECTION OF RIGHTS AND FULL PARTICIPATION) ACT, 1995, Section 2(t) Appeal over the appellate Medical Board Appointment Character and Bonafides Tribunal allowed the
[2018 (5) ALT 399 ( D.B. ) ,31-08-2018]
CRIMINAL PROCEDURE CODE, 1973, Section 378(3) Leave to file appeal We are constrained to observe that the High Court grossly erred in passing the impugned order without assigning any reason In our considered opinion, it
[2018 (3) ALT(CRI.)(SC) 60 ( D.B. ) ,29-08-2018]
PENAL CODE, 1860, Sections 147, 148, 149, 342, 448, 325, 326, 379, 307 and 302 Murder trial Minor Discrepancies We could not find any significant variation in the testimonies of all these witnesses No
[2018 (3) ALT(CRI.)(SC) 63 ( D.B. ) ,28-08-2018]
WORDS AND PHRASES Doctrine falsus in uno, falsus in omnibus The testimony of a witness cannot be discarded in toto merely due to the presence of embellishments or exaggerations The doctrine of falsus in uno,
[2018 (3) ALT(CRI.)(SC) 63 ( D.B. ) ,28-08-2018]
HINDU MARRIAGE ACT, 1955, Sections 5, 9, 11, 13 (1)(i)(a) and 15 Dissolution of the marriage There is no dispute that the marriage between the Appellant and the Respondent was held on 06.12.2011 during the pendency
[2018 (5) ALT(SC) 17 ( D.B. ) ,24-08-2018]
CIVIL PROCEDURE CODE, 1908, Order 23 Rules 1 and 2 Withdrawal of suit Order 23 Rule 1 (1) of the CPC enables the plaintiff to abandon his suit or abandon a part of his claim against
[2018 (5) ALT(SC) 17 ( D.B. ) ,24-08-2018]
CONSTITUTION OF INDIA, 1950, Article 226 Writ remedy Delay and laches The writ remedy is discretionary remedy Though no limitation is prescribed to entertain a writ petition under Article 226 of the Constitution of
[2018 (5) ALT 289 ( S.B. ) ,23-08-2018]
PENAL CODE, 1860, Sections 307 and 302 r/w Section 34 ARMS ACT, 1959, Sections 25 and 27 It may be noted that the (PW-14) has not explained as to why he was standing near the Bristol
[2018 (3) ALT(CRI.)(SC) 37 ( D.B. ) ,21-08-2018]
EVIDENCE ACT, 1872, Sections 4 and 6 Circumstantial Evidence Complete Chain Link Theory Jurisprudentially the meaning of circumstantial evidence has never been settled Although we may not require a detailed analysis of the jurisprudential
[2018 (3) ALT(CRI.)(SC) 37 ( D.B. ) ,21-08-2018]
EVIDENCE ACT, 1872 Chance Witness The chance witness, who reasonably explains his presence in the named location at the relevant time, may be taken into consideration and should be given due regard, if his version inspires
[2018 (3) ALT(CRI.)(SC) 37 ( D.B. ) ,21-08-2018]
CRIMINAL PROCEDURE CODE, 1973, Section 173 Seriousness of Investigating and Prosecuting authorities Every acquittal in a criminal case has to be taken with some seriousness by the investigating and prosecuting authorities, when a case of this
[2018 (3) ALT(CRI.)(SC) 37 ( D.B. ) ,21-08-2018]
CRIMINAL PROCEDURE CODE, 1973, Section 482 PENAL CODE, 1860, Section 498-A Distant relatives Quash of proceedings A perusal of the charge sheet and the supplementary charge sheet discloses the fact that the Appellants are
[2018 (3) ALT(CRI.)(SC) 54 ( D.B. ) ,21-08-2018]
PENAL CODE, 1860, Section 376(2)(g), 342 and 506 Rape Case False Implication of Accused The courts must, while evaluating evidence, remain alive to the fact that in a case of rape, no self-respecting woman would
[2018 (3) ALT(CRI.)(SC) 75 ( D.B. ) ,21-08-2018]
CIVIL PROCEDURE CODE, 1908, Order 7 Rule 11 TRANSFER OF PROPERTY ACT, 1882, Sections 106 and 111 (h) Landlord Tenant Disputes Cause of action arising thereof Scope Interpretation of Lease Deed Scope
[2018 (5) ALT 266 ( S.B. ) ,20-08-2018]
CIVIL PROCEDURE CODE, 1908, Section 54 and Order 20 Rule 18, Order 23 Rule 3, Order 26 Rules 13 and 14 and Order 21 Rule 35 Acquiring of rights based on preliminary decree Permissibility In
[2018 (5) ALT 215 ( D.B. ) ,16-08-2018]
CIVIL PROCEDURE CODE, 1908, Order 23 Rule 3, Order 26 Rule 14 (3) Partition suit Effect of compromise decree by few parties In a suit for partition and separate possession of immovable properties, a compromise
[2018 (5) ALT 215 ( D.B. ) ,16-08-2018]
CIVIL PROCEDURE CODE, 1908, Sections 2 (2) and 152 and Order 21 Rule 35 Decree not in tune with judgment Decree that runs contrary to the judgment Thus it is clear that no final decree
[2018 (5) ALT 215 ( D.B. ) ,16-08-2018]
A.P. RIGHTS IN LAND AND PATTADAR PASS BOOKS ACT, 1971, Sections 4 (1), 5 (5) and 9 Mutation of entries based on compromise decree without passing final decree Since Tahsildar mistook the document to be a
[2018 (5) ALT 215 ( D.B. ) ,16-08-2018]
JUDICIAL SERVICES A.P. STATE JUDICIAL SERVICE RULES, 2007, Rules 4 (c), 5 (a), 6 (a) and 25 Promotions Pendency of disciplinary proceedings The Andhra Pradesh State Judicial Service Rules, 2007 were issued, to be
[2018 (5) ALT 312 ( D.B. ) ,16-08-2018]
CONSTITUTION OF INDIA, 1950, Article 14 Right to equality The sine qua non for the applicability of the concept of equality is that those, who claim equal treatment, should be equals Unequals cannot claim parity
[2018 (5) ALT 312 ( D.B. ) ,16-08-2018]