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Judgments and Orders

Completion of probation and confirmation

 09 August 2011

on 13.1.88 his services came to be terminated for the reason that his Performance Report during the period of probation was not satisfactory and he also failed to show any improvement despite having been given a chance to do so. Aggriev..

Posted in Labour & Service Law |   4959 hits

AMENDMENT CAN BE ALLOWED IN DV CASES

 09 August 2011

Protection of Women from Domestic Violence Act 2005, S. 12 - Proceedings under Act are of quasi civil nature and Court has power to allow amendment of application and written statement. ..

Posted in Family Law 4 comments |   24370 hits

Deemed to have completed the prescribed period of probation

 09 August 2011

On the expiry of the period of probation beyond the maximum term provided therein, an employee will be deemed to have been confirmed inasmuch as the Corporation cannot terminate their services on the expiry of such period...

Posted in Labour & Service Law 2 comments |   11266 hits

Prolonged Suspension of the employee

 09 August 2011

The petitioner is serving as Deputy Manager in the Production Centre in the establishment of the second respondent-Society for Training & Employment Programme in the Twin Cities (SETWIN). The petitioner was placed under suspension by the proceedings ..

Posted in Labour & Service Law 1 comments |   5645 hits

Bar against promotion

 09 August 2011

Bar against promotion — in challenge — a chargesheet issued against the respondent for financial irregularities and making fraudulent withdrawals deriving pecuniary gain for himself — departmental enquiry initiated — order of removal from service — c..

Posted in Labour & Service Law |   2211 hits

Punishment already suffer is not required to suffer again for the same fault

 06 August 2011

The appellant was married to one Sudesh who is said to have committed suicide on 23rd February, 1989. According to the prosecution Sudesh was married to the appellant in April/May, 1980 but she could not conceive. The appellant had been maltreating a..

Posted in Criminal Law |   1867 hits

Existing of Substantial question is condition to entertaining 2nd Appeal

 06 August 2011

Sardar Khan was the owner of a property bearing land Block No. 386 and House No. 206 situate at Mangrul, Taluqa Kallam, District Osmanabad. He died in 1948 leaving behind a son — Umerkhan and two daughters—Bismillabi and Aminabi. Both daughters were..

Posted in Property Law |   2729 hits

Applicability of Sec 25(3) depends on its condition to be fulfilled

 06 August 2011

A. The Drug Inspector under the Act 1940 had taken a sample of Betnesol tablets (Batch No. NC 160 Mfg. October 1996, expiry March 1998), manufactured by the appellant-company from the shop of one Mahesh Agarwal at Chattarpur on 9.12.1996. The statuto..

Posted in Criminal Law |   2362 hits

Inquiry by Vigilance on raising demands by Department not Sustained

 06 August 2011

(a) In 1972, the Bihar State Housing Board (hereinafter referred to as “the Board”) floated a Scheme for construction of Flats for Middle Income Group (in short “MIG”) at Hanuman Nagar, Patna. Ram Chandra Prasad Verma (since expired) -the husband of ..

Posted in Property Law |   2329 hits

Criminal case against witnessed enough to disbelieve

 06 August 2011

Political rivalry at times degenerates into personal vendetta where principles and policies take a back seat and personal ambition and longing for power drive men to - commit the foulest of deeds to avenge defeat and to settle scores. These appeals b..

Posted in Criminal Law |   2283 hits

Certificate obtain fraudulently void ab initio

 03 August 2011

As the facts and the legal issues arising for our consideration in both these appeals are similar, we propose to dispose of both these appeals by this common judgment and order. The contesting respondents herein got themselves admitted for a trai..

Posted in Civil Law |   2480 hits

Impermissible to read a part of Document in Isolation

 03 August 2011

A. In the year 1972, the State of Madhya Pradesh conceived a dam to provide irrigation facilities to farmers of Khargone district. The dam, on filling upto full, would cause submergence of 1258.59 hectares of land, out of which 1037.715 is private an..

Posted in Civil Law |   2098 hits

Executive authorities to look water allocation

 31 July 2011

This interlocutory application for directions is filed in the special leave petition. The special leave petition has been filed against the judgment of the Gujarat High Court dated 04.10.2005 dismissing the writ petition filed by way of Public Intere..

Posted in Civil Law |   2051 hits

Compulsory Insurance for the benefit of Third Party

 31 July 2011

Since common questions of law and facts are involved in this batch of appeals, six of which have been filed by Uttar Pradesh State Road Transport Corporation, (hereinafter referred to as 'Corporation'), and one has been preferred by Insurance Company..

Posted in Civil Law |   4204 hits

Amount can not collect – never spent

 23 July 2011

Facts and circumstances giving rise to these appeals are: A. The Public Works Department of the State of Rajasthan (hereinafter called “PWD”) decided in September 1997 to construct the Bharatpur bye-pass for the road from Bharatpur to Mathura, whi..

Posted in Civil Law |   2142 hits

In Shortage Departmental transfer not consider equal-pay for-equal work

 23 July 2011

This is the second round of battle for the petitioners who happen to be in the Research Faculty as Scientific & Design staff with respondent No.3, namely, the Indian Institute of Technology, Delhi (hereinafter referred to as the “IIT, Delhi”). Admitt..

Posted in Civil Law |   2372 hits

Land sold where authority interested to protect-illegal

 23 July 2011

The relevant facts are that the respondent No.1 filed a suit for possession, permanent injunction and damages against the petitioner and respondent no.1 herein in respect of the suit land alleging that she was the owner thereof having purchased it fr..

Posted in Civil Law |   2817 hits

Appointment on Ad Hoc can not claim to regularize

 23 July 2011

On 16th May 1995 it was directed by this Court that any appointment made will be subject to the result of the writ petition. Pursuant to an order dated 31st January 1996 an additional affidavit was filed by the Petitioners. The writ petition was ther..

Posted in Civil Law |   2876 hits

Temporary post can not Permanent without Confirmation

 23 July 2011

Petitioner No. 1 Mr. N.K. Anand and Petitioner No. 2 Mrs. Usha Bhatia have filed this petition under Article 226 of the Constitution on 29th August 2000 praying for a direction to Respondent No. 3, National Physical Laboratory („NPL‟), and Respondent..

Posted in Civil Law |   3168 hits

Delay can not be consider for relief

 23 July 2011

The facts very briefly are that the appellant, a general candidate not belonging to any reserved category, took the Civil Services Examination, 1998 conducted by the Union Public Service Commission and he secured 95th rank and was appointed to the IP..

Posted in Civil Law |   1860 hits







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