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Service Law — Employee’s Plea for Mercy — An employee’s statement pleading innocence and seeking forgiveness for any mistake indirectly admits guilt and warrants mercy. Evidence in Departmental Inquiry — Findings in a departmental inquiry are based on preponderance of probabilities, not strict proof beyond reasonable doubt, and the High Court’s view that findings were based on conjecture and surmises was legally unsustainable if evidence supported the findings Haryana School Education Act, 1995, Section 22 — Civil Court Jurisdiction — Ouster of jurisdiction by statute must be express or implied — Section 22 only ousts jurisdiction where Government or its officers have power to adjudicate — Recovery of fees by a school is not a power conferred on Government/authorities — Civil court jurisdiction not ousted in matters of reasonable fee recovery. Penal Code, 1860 — Section 498A — Cruelty by husband or relatives of husband — Allegations in FIR were vague, general, and filed one year after admitted separation of the parties — No specific instances of cruelty were mentioned — Criminal proceedings are liable to be quashed. Criminal Procedure Code, 1973 — Section 482 — Quashing of FIR — Court can quash FIR if allegations, taken at face value, do not constitute any offence — Vague and general allegations of marital discord, without specific instances, do not prima facie constitute an offence under Section 498A IPC. Penal Code, 1860 — Sections 376(2), 450 — Protection of Children from Sexual Offences Act, 2012 — Section 4 — Sexual assault on a minor — Evidence of prosecutrix — Conviction can be based solely on the prosecutrix’s testimony if it inspires confidence — Corroboration of testimony of prosecutrix is not a requirement of law, but a guidance of prudence — Minor contractions or small discrepancies should not be a ground for throwing out the evidence of the prosecutrix. State Financial Corporations Act, 1951 — Section 29 — Liability of Financial Corporation taking possession of industrial unit for dues — Corporation acts as a trustee, liable only to the extent of funds in its hands after settling its dues, not personally liable. Civil Procedure Code, 1908 — Section 80 — Notice to Government or public officer — Mandatory requirement before instituting suit — Failure to issue notice or obtain leave renders suit not maintainable and decree a nullity, even if impleaded later.

Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records ‘Displeasure’ About Long Pendency Of Bail Plea In HC HELD “We have no hesitation in observing that adopting such a course, that too, by a constitutional Court, is wholly unfathomable and must be eschewed.”

Bail Applications Need To Be Disposed Of Expeditiously & Finally: SC Records ‘Displeasure’ About Long Pendency Of Bail Plea In HC [Read Order] LIVELAW NEWS NETWORK 21 Feb 2020 12:56…

Himachal Land Revenue Act, 1954 – Sections 32, 32(2)(a), 34, 45 and 46 – Evidence Act, 1872 – Sections 35 and 109 – Presumption of truth attached to the revenue record can be rebutted if such entry was made fraudulently or surreptitiously – Presumption of truth attached to the record-of-rights can be rebutted only if there is a fraud in the entry or the entry was surreptitiously made or that prescribed procedure was not followed

SUPREME COURT OF INDIA DIVISION BENCH SHRI PARTAP SINGH (DEAD) THROUGH LRS. AND OTHERS — Appellant Vs. VERSUS SHIV RAM (DEAD) THROUGH LRS. — Respondent ( Before : L. Nageswara…

“….no compulsion for the plaintiff to, at the stage of filing the suit, prove or establish the claim that the suit lands were revenue paying and the details of such revenue paid. Once it is conceded that the value of the land [per explanation to Section 7 (iv-A)] is to be determined according to either sub clauses (v), (va) or (vb) of the Act, this meant that the concept of “market value” – a wider concept in other contexts, was deemed to be referrable to one or other modes of determining the value under sub clauses (v), (va) or (vb) of Section 7 (iv-A)…”

SUPREME COURT OF INDIA FULL BENCH AGRA DIOCESAN TRUST ASSOCIATION — Appellant Vs. ANIL DAVID AND OTHER — Respondent ( Before : Arun Mishra, M. R. Shah and S. Ravindra…

Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – Sections 3, 6(19), 34 and 108 – Specific endowment – Deed of Settlement does create a “specific endowment” HELD In view of Section 108, no suit or legal proceedings in respect of the administration or management of a religious institution or any other matter for determining or deciding which provision is made in the Act shall be instituted in a civil court

SUPREME COURT OF INDIA DIVISION BENCH THE IDOL OF SRI RENGANATHASWAMY REPRESENTED BY ITS EXECUTIVE OFFICER, JOINT COMMISSIONER — Appellant Vs. P K THOPPULAN CHETTIAR, RAMANUJA KOODAM ANANDHANA TRUST, REP.…

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