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ACR – No basis has been disclosed while commenting upon the reputation of the employee. Such stale and unfounded ACRs could not stand in the way of the plaintiff or the determination of his case for the release of the selection grade and for consideration for promotion.

CrPC S. 439 – Bail applications – Victim – It shall be obligatory upon the High Court to provide them a legal aid counsel with adequate experience in criminal law

Criminal trial – Dying declaration – Fail to understand as to how the same dying declaration could have been made basis for conviction of the appellant when the same was disbelieved insofar as another accused is concerned. [2023 SCeJ 387]

[SC] CrPC S. 167(2) – Whether accused is entitled to seek default bail under provisions of section 167(2) of Code of Criminal Procedure, 1973 on ground that a chargesheet filed without sanction is an incomplete chargesheet which could be termed as not in consonance with sub section (5) of section 173 of the CrPC, 1973?

Municipal Corporation Act, 1976, Section 114-A – Khata – Cancellation of – By commissioner – Communication quashed due to a breach of natural justice. [2021 PLRonline 5205 (Kar.)]

CPA , 1986 – Definition of ‘consumer’ includes ‘consumers’ – Joint complaint by multiple consumers need not be filed in representative capacity – Will include multiple consumers . [2023 SCeJ 345 , 2023 PLRonline 0115 (SC), (2023-3)211 PLR 458 (SC) (SN)]

[SC] Motor Vehicles Act, 1988, Sections 166 and 163A – Death of a housewife in Motor accidents – Assessment of compensation. [PLRonline 311301]

Legal Services Authorities Act, 1987 – Partition Suit  – Even if the petitioners are said to have signed the compromise petition but still the award of the Permanent Lok Adalat has to be quashed in view of the fact that Permanent Lok Adalat can only resolve dispute in relation to public utility services. [PLRonline 459674]

Will – Proof – Photocopy – That being so, the question of comparison of signatures on the said photocopy of the Will with that of the register of the Deed Writer would not arise. [PLRonline 479650]

The LAWS OF MANU – Manusmriti

CPC O. 39 R. 1 and 2  –  Status quo – Vacated  – Bonafide purchaser – Ancestral property – Appellants bona fide purchasers of ancestral property without notice – Late claim and substantial developments, the balance favored Defendants – Plaintiff’s name not in revenue records – Status quo vacated. [PLRonline 452654]

Local Commissioner – Application for appointment – Dismissed – No revision would be maintainable. [PLRonline 481650]

Hindu Law – Family Settlement – Limitation – In the absence of any evidence proving a family settlement, the transfer of the suit property under the said alleged family settlement and the consequent mutation entries – Cannot be sustained . [PLRonline 471650]

Electricity Act, S. 2(5) – Constitution of India, Art. 226  –  Alternative remedy – Available under Ombudsman Regulations, Objection of alternative efficacious remedy is well founded –  However, matter has remained pending in Writ since 2019 till 2022 for final adjudication, it may not be an act of balancing equity at this stage to direct the petitioner to re-agitate his entire grievance before the Consumer Grievances Redressal Forum at this stage. [PLRonline 459650]

Limitation Act Art. 59 – Limitation to set aside an instrument or decree or for cancellation of the same is 03 years counted from the date of knowledge –  Plaint, reveals that it is totally silent as to when the plaintiff-appellant came to know of the said alleged fraud – Dismissed. [PLRonline 476650]

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CPC O. 9 R. 2 – Appeal - Appellants did not deposit the costs imposed by way of an earlier order - Taking a serious view of these lapses, the Appellate Court dismissed the appeal as against respondent Nos.2, 3 and 6, by taking recourse to Order 9 Rule 2 CPC – Application seeking recall of the orders dismissed – Order of the Appellate Court, may prove to be fatal, given the fact that they were amongst the plaintiffs in whose favour the suit was partly decreed - In effect, the entire appeal would stand at risk, even if it is continued as against the other respondents - Further, the explanation set out by the appellants in their application demonstrated that the lapses on their part were not serious enough – Order set aside – Petition allowed.

Sarfaesi - Private treaty - Sale of Secured Assets Through Private Treaty

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ACR – No basis has been disclosed while commenting upon the reputation of the employee. Such stale and unfounded ACRs could not stand in the way of the plaintiff or the determination of his case for the release of the selection grade and for consideration for promotion.

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A judicious/quasi-judicious approach is supposed to be required on the part of the employer while recording sensitive remarks against the column of integrity, efficiency and honesty.

“9……………..A glance at Exhibit D8 and D9 would show that in the columns of ‘Defect, if any' the only remark is that the plaintiff required improvement in handwriting and the column of “Defect, if any” relating to the acr for the year 1982-83 is silent. If the above three relevant ACRs are scrutinized in the light of the instructions, there is no hesitation on the part of this Court to hold that there was practically no complaint of dishonesty or corruption against the plaintiff and his honesty could not be doubted so as to deprive him of the benefit of selection grade and for consideration of his case for promotion. No doubt promotion cannot be claimed as a matter of right and the releasing of selection grade is not an automatic right which vests in the employee, but equally it is true that a judicious/quasi-judicious approach is supposed to be required on the part of the employer while recording sensitive remarks against the column of integrity, efficiency and honesty. The plaintiff was rated just average in the matter of work and honesty in the years 1980-81 (ExhibitD8) and 1981-82 (Exhibit.D9) and the word ‘Just Average' have to be rated and understood distinctly from the words ‘Below Average' and ‘Integrity Doubtful'. Even these remarks ‘Just Average/Average' have not been awarded in the light of the instructions of the Government itself. The only ACR (Ex.D7) for the period 1.4.1971 to 31.3.1972 cannot be availed of by the State because against the column of Honesty it has been mentioned “Although no specific instance, his reputation is not upto the mark”. No basis has been disclosed while commenting upon the reputation of the employee. Such stale and unfounded ACRs could not stand in the way of the plaintiff or the determination of his case for the release of the selection grade and for consideration for promotion.”

State of Haryana V. Prem Parkash Gupta, ADA, Kurukshetra,  05.07.1996 passed by this Court in RSA No. 1664 of 1989 (p&h)

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