Service -- Selection process - Appellant stood at serial No. 1 in merit list - Governing Body resolved the appellant's case for approval and appointment by condoning the overage for applying to an aided post in an aided institution - In the absence of advertisement or spelling out of applicable Rules, setting aside approval and appointment of appellant is illegal - Since,..........
Contempt of Courts Act, 1971, Section 2(b) -- Civil contempt - Willful disobedience of order of Supreme Court - Bank failed to comply with mandate of Supreme Court directing payment of retiral dues to petitioner within three months from the date of said order - However, material placed on record do not demonstrate that delay in compliance was borne out of any willful or..........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Offence u/Ss.304B, 498A, 34 IPC - Discharge - Post-mortem report on record suggested that deceased died due to pneumonia - Further, complainant failed to provide any specific incident of harassment of deceased and any date or proof of giving money to accused - Moreover,..........
Service -- Disability during service - Alternate post - Appellant appointed as driver was found colour blind during service and was declared unfit to hold the post of driver - He was prematurely retired from service on medical grounds without any meaningful effort by respondent/Corporation to explore his suitability for alternate employment - This action, taken in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Issuance of urgent notice to defendant - Where Court is not inclined to grant temporary injunction or decides to issue urgent notice, Court should issue urgent notice and post the matter to a shortest date...........
Service -- Seniority - Change of cadre - At the request of employee on medical grounds - Respondent accepted the appointment after consenting to be placed before the last person in the transferred post, which position is recorded in the order dated 19.04.1989 itself - Seniority has to be with effect from 1989 only which is in consonance with recruitment Rules - Tribunal as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques in question issued towards refund of security deposit to the tune of Rs.9,00,000 made by complainant when he had taken flat owned by accused on rent - However, complainant continued to occupy subject flat for a period of nearly 5 years beyond the last date of rent agreement without paying any..........
Judicial service -- Promotion - Appellants have successfully qualified the suitability test - Merely on the account of lower placement in the merit list, appellants could not have been deprived of their legitimate right of promotion - Appellants are entitled for notional promotion from the same date the other officers from the select list prepared by High Court have been..........
Service -- Promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of vacancy or the date of recommendation...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Wife is compelled to live separately - Husband holding post of Sub-Inspector in CISF avails several additional emoluments, allowances and non-monetary benefits by virtue of his official position - Maintenance enhanced from Rs.10,000 to 15,000 pm in favour of wife and from Rs.5,000 p.m to Rs.10,000 to minor..........
