SAKIRI VASU v. State fo UP – 2007 SCeJ 005
2007-SCeJ-005-1Download 2007 SCeJ 005 SUPREME COURT OF INDIA Before : Markandey Katju, J; A. K. Mathur, J) SAKIRI VASU — AppellantversusSTATE...
CrPC S. 156(3) – Is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an F.I.R. and of ordering a proper investigation if the Magistrate
17. In our opinion Section 156(3) Cr.P.C. is wide enough to include all such powers in a Magistrate which are necessary...
Multiple dying declarations
Smt. Kamla v. State of Punjab (1993) 1 SCC 1, Court held as follows: “A dying declaration should satisfy all...
‘Fraud’ and ‘justice’ – Even a court of subordinate jurisdiction is permitted to enter into the question as to whether the judgment of a superior Court was obtained by playing fraud
Even a court of subordinate jurisdiction is permitted to enter into the question as to whether the judgment of a...
Mortgage was not registered under Section 26-D of the SARFAESI Act – Affect
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), Section 26-D, 26-E - Section...
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Tribunal or the High Court could not interfere with the findings of facts
Judicial Review Service matter - Once the evidence has been accepted by the departmental authority, in exercise of power of...
Non Transferable
National Health Mission – Employees appointments are contractual in nature and based on local selection criteria - The posts under...
Government transfer policy
May not be sine qua non, if the policy is merely directory, as contended, but at-least some reasons ought to...
Rules – Relaxation of
It is also now well settled that an appointment made in violation of the mandatory provisions of the statute and...
Even if power of relaxation is provided in the rules, it must still be mentioned in the advertisement.
Rules - Relaxation of Even if power of relaxation is provided in the rules, it must still be mentioned in...
Advertisement did not mention about a possible relaxation of the Rules
Rules - Relaxation of Service matter - Rules – Relaxation of - Advertisement did not mention about a possible relaxation...
Recruitment | normalization | Terms in advertisement | Participation
Constitution of India, Article 226 – Advertisement of recruitment – It was specifically provided that in case of the written...
As the promotions were made in clear violation of the Rules, the promotees are not entitled to claim seniority
Service matter - The promotees were appointed on ad hoc basis in the year 2004 and on a regular basis...
Exonertion – Entitled to full salary, increments and other allowances
Prevention of Corruption Act, 1988 (49 of 1988) - Main Services Regulations, 1976 - Period during which the petitioner remained...