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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.

Constitution of India, 1950 — Article 14 —Compassionate appointment — Whether the Division Bench was justified in directing the Appellants to provide employment to the first Respondent herein under the scheme introduced by NALCO for assistance to displaced persons whose lands are acquired for the purpose of setting up NALCO’s establishment

  (2014) 140 FLR 537 : (2014) 1 JT 182 : (2013) 15 SCALE 249 SUPREME COURT OF INDIA CHAIRMAN-CUM-MANAGING DIRECTOR AND OTHERS — Appellant Vs. BHARAT CHANDRA BEHERA AND…

Hindu Marriage Act, 1955 – Section 13 – Divorce – Broken-down marriage – Once parties have separated and separation continued for sufficient long time, and one of them has presented petition for divorce, it can be presumed that marriage has broken down. Hindu Marriage Act, 1955 – Section 13 – Divorce – Mental cruelty – Wife cautioning world at large not to deal with her husband constitutes mental cruelty.

  AIR 2006 SC 1675 : (2006) 2 CTC 510 : (2006) 1 DMC 489 : (2006) 3 JT 491 : (2006) 3 SCALE 252 : (2006) 4 SCC 558…

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