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CPA – Subsequent purchaser  – Builder – Non delivery of flat – Is a consumer

Evidence – Departmental proceedings – Evidence collected during investigation by the investigating officer

CrPC S. 125 – Unmarried Hindu daughter can claim maintenance from her father till she is married under S.20(3) of Hindu Adoptions and Maintenance Act, 1956, provided, she pleads and proves that she is unable to maintain herself

MVA – Criminal case  – Acquittal in a criminal case – Effect on claim petition

CrPC S. 319 – Court has failed to record the degree of satisfaction which is required to summon an accused under section 319 – Degree of satisfaction is not one of prima facie case

Environment law – Principles enunciated  –  Brick kiln. PLRonline 432610

Environment – It is the duty of the Government as also the Court to protect and preserve the environment

Rent Act – Mesne profits –  After passing of decree of eviction landlord is entitled for mesne profits or compensation – Basis of determination of the amount of mesne profit

Angoori Devi v. Smt. Satya Bhama, 2016 PLRonline 0104

Vardhman Holdings Ltd. v. Ranbir Singh, 2014 PLRonline 0203

Rent Act – Mesne profits – Pendency of the appeal Tenant is liable to pay mesne profit or compensation for use and occupation

Rent Act – Mesne Profits – Once a decree for possession has been passed and execution is delayed it is necessary for the Appellate Court to fix reasonable mesne profits

Tenancy – Bona fide need – Leave to defend – Not granted – Delhi Rent Control Act, S. 14(1)(e). PLRonline 313402 (Del.)

CPC S. 10 – Rent Act – Rent is not required to go into the serious question of title – S. 10 is not applicable.

CPC S. 10 – Is referable to a suit instituted in the civil Court and it cannot apply to proceedings of other nature instituted under any other statute – Not open to the High Court to bye-pass Section 10 CPC by invoking Section 151 CPC.

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CPA – Subsequent purchaser  – Builder – Non delivery of flat – Is a consumer

Evidence - Departmental proceedings - When a crucial finding like forgery was arrived at on an evidence which is non est in the eye of the law, the civil court would have jurisdiction to interfere in the matter

Evidence - Departmental proceedings - Enquiry officer is not permitted to collect any material from outside sources during the conduct of the enquiry.

Home Service Matter

Evidence – Departmental proceedings – Evidence collected during investigation by the investigating officer

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evidence collected during investigation by the investigating officer against all the accused by itself could not be treated to be evidence in the disciplinary proceeding.

Indisputably, a departmental proceeding is a quasi-judicial proceeding. The enquiry officer performs a quasi-judicial function. The charges levelled against the delinquent officer must be found to have been proved. The enquiry officer has a duty to arrive at a finding upon taking into consideration the materials brought on record by the parties. The purported evidence collected during investigation by the investigating officer against all the accused by itself could not be treated to be evidence in the disciplinary proceeding. No witness was examined to prove the said documents. The management witnesses merely tendered the documents and did not prove the contents thereof. Reliance, inter alia, was placed by the enquiry officer on the FIR which could not have been treated as evidence.

2008 SCeJ 001

Tags: Disciplinary proceedingsEvidence - Disciplinary Proceedings

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