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Civil Law Judgments and Orders

Award patently in violation of statutory provisions cannot be said to be in public interest

 25 November 2011

The facts in brief are that in August, 1999, the appellant invited tenders for supply of fresh fruits for its troops for the period from 01.10.1999 to 30.09.2000 and respondent No.2 amongst others submitted tenders and the tender of respondent No.2 w..

Posted in Civil Law |   1713 hits

As per Sec 20(3) of the Army Act 1950 an officer having power not less than Brigade may dismissed or remove any person worked under his command

 25 November 2011

The facts very briefly are that the appellant was enrolled in the Army on 28.01.1963. As per the terms of his enrolment, he was to put in not less than ten years in Army Service and if required, a further period in Reserve Service which would be suff..

Posted in Civil Law |   3289 hits

As per Rule 19 of Maharashtra Judicial Service Rule 2008 read with rule can be retired on the basis of service record provided by the Person

 24 November 2011

The Petitioner has been retired prematurely from judicial service in public interest under Rule 19 of the Maharashtra Judicial Service Rules 2008 read with subrule (4) of Rule 10 of the Maharashtra Civil Service (Pension) Rules, 1982. The Petitioner ..

Posted in Civil Law |   2898 hits

A person in the select list of appointment much less than a person in the wait list and not having any indefeasible right of appointment

 21 November 2011

The facts very briefly are that the Government of India, Ministry of Law and Justice, Department of Legal Affairs, by advertisement dated 22.01.2005 invited applications for 9 vacancies in the post of Judicial Member and 13 vacancies in the post of A..

Posted in Civil Law |   2058 hits

Changes adapted in the agreement with the consent of all party can replaced the earlier clauses of the agreement

 21 November 2011

The common issue in all these matters is whether the promotional avenues and other terms of service of the pre-1997 cadre of Assistant Flight Pursers could be changed to their prejudice despite the provisions of the Air Corporation (Transfer of Under..

Posted in Civil Law |   1613 hits

Once the process for selection for admission had commenced on the basis of prospectus than no changes can be taken place by the govt notification in the Prospectus

 19 November 2011

For the sake of convenience, we shall refer to the facts from SLP(C)No.15974/2011, filed by Dr. Parmender Kumar and others. As indicated herein above, the Appellants in all these appeals are candidates for admission to the Post-Graduate Courses condu..

Posted in Civil Law |   1955 hits

If an allegation do not constitute any cognizable offence investigation cannot be permitted without an order under sec 155(2) of IPC

 19 November 2011

The substance of the accusation in the FIR is that all the accused entered into a criminal conspiracy to confer an illegal and unjust benefit on the above-mentioned private company. In the process, the accused, “intentionally and dishonestly” suppres..

Posted in Civil Law 1 comments |   2365 hits

As appellant is concerned with 1981 promotion policy where mention diploma from recognized university is entitled to weightage 3 marks and appeal is allowed

 18 November 2011

The appellant, who is appearing in person, joined the service of respondent 1 in the year 1973 as a Stenographer in clerical cadre. He passed his graduation in the year 1973 from the Punjab University. He obtained Diploma in Office Organization and P..

Posted in Civil Law |   1631 hits

Absence from duty without prior permission except on condition beyond control will be treated as misconduct under Rule 13 of the PNB Regulation 1977

 17 November 2011

This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner for issuance of a writ of Certiorari for quashing the order dated 31.1.1995 passed by the Deputy General Manager Disciplinary Authority under which..

Posted in Civil Law 1 comments |   5979 hits

Practical experience always a sure guide to assess the suitability for vacancy

 17 November 2011

That the petitioner was vide letter dated 05.07.1993 of the respondent No.3 School, then an unaided recognized school, appointed as an Assistant Teacher on probation for two years; that she was vide letter dated 20.07.1995 of the respondent No.3 Scho..

Posted in Civil Law |   1710 hits

As per the Arbitral Act 1940 Arbitral Proceeding can be initiated even after received payment of preparation of bill in case of any question of law

 09 November 2011

Notice to make the arbitral award dated 15.9.1998 “rule of the court” was issued on 22.2.1999. In March, 1999, the respondents were served with the said notice. On 21.12.1999, the Government Pleader entered appearance on behalf of the respondents, an..

Posted in Civil Law 1 comments |   1705 hits

Promotion of Constable can not be consider on account of lower position in the seniority list

 02 November 2011

The facts very briefly are that the respondent no.1 was working as Constable (General Duty) under the Central Industrial Security Force (for short ‘the CISF’). In 1993, he was considered for promotion to the rank of Lance Naik and was empanelled ..

Posted in Civil Law |   3053 hits

As per sec 12 sub sec 1 of the CRPF Act every person sentenced imprisonmet liable to dismissed except Article 226 227 or 34 is not applicable

 01 November 2011

The facts very briefly are that the respondent was working as a Constable in the Central Reserve Police Force (for short ‘the CRPF’). A complaint was lodged against the respondent. It was alleged in the complaint that he was detailed with vehicle no...

Posted in Civil Law |   1939 hits

Concept of Compendation under MV Act is more than Damages

 26 September 2011

Motor Vehicles Act, 1988-Compensation Enhanced It is an accepted principle that compensation may be so assessed that the interest accruing therefrom will be sufficient for the maintenance of the family of the victim and the concept of compensation is..

Posted in Civil Law |   2925 hits

Libility of Compensation in Case of Transfer of Vehicle without Change of ownership

 26 September 2011

Motor Vehicles Act, 1988 — section 50 — Transfer of ownership - Payment of compensation - Liability of - Accident caused by the truck - Truck purchased by another person but name of the earlier owner continued in the Registration Certificate - whethe..

Posted in Civil Law |   3430 hits

Claim of Succession should be beyond Any Reasonable Doubt

 26 September 2011

Hindu Succession Act, 1956 - The plea, of the appellants, that Rami Reddy's family from the second wife and the testator's family was a composite family and the properties were joint family properties of the plaintiffs and the defendants, has not bee..

Posted in Civil Law |   2247 hits

Limitation for filing contempt petition

 13 September 2011

COCP is not maintainable it has been filed after more than one year thus time barred...

Posted in Civil Law |   10011 hits

Date of birth-request after 5 years-complied with

 10 September 2011

In writ appeal the Madras High court Madurai Bench allowed the request for alteration of date of birth made after a limitaion period of 5 years...

Posted in Civil Law 1 comments |   2839 hits

There is no harm if plaintiff represents himelf as well as wues in Representative Capacity

 10 September 2011

Code of Civil Procedure, 1908, O. 1 r. 8: Apart from being a representative suit, the suit was filed by an aggrieved person whose right to use public street of 10 feet width was prejudicially affected. Since affected person himself has filed a suit, ..

Posted in Civil Law |   2329 hits

Parkash Rai vs J.N. Dhar

 18 August 2011

As regards the affidavits, copies of such documents cannot be taken in evidence. What 'evidence' means and includes is defined in Section 3 of the Indian Evidence Act. Affidavits are not included in its definition. On the contrary, affidavits have be..

Posted in Civil Law |   3709 hits