Service -- Dismissal - Allegation that appellant had managed to get herself transferred from one State to another under a fake transfer order - Inquiry report indicates that not only has inquiring authority come to a definite conclusion that transfer order was fake but has also concluded that charges have been proved against her meaning thereby that she had managed to get..........
Service -- Reservation - Irrespective of whether an aspirant for public employment belongs to a particular community like SC/ST/OBC, status claimed by him for being accorded benefit of reservation is per se not decisive - Such status has to be certified by competent authority upon following due process and identification that aspirant is what he claims to be...........
Service -- Recruitment - Once a process of recruitment is set in motion, all aspirants are entitled in law to equal treatment - There cannot be different yardsticks for different sets of aspirants - Non-compliance with terms of advertisement/notification is bound to trigger adverse consequences of rejection of aspirant's claimed status by selecting body/appointing..........
Forward Contracts (Regulation) Act, 1952, Section 27, Maharashtra Protection of Interests of Depositors Act, 1999, Section 4, Insolvency and Bankruptcy Code, 2016, Section 14 -- Recovery of the outstanding amount - There is no overlap or inconsistency between the provisions contained in the IBC and MPID Act - As such, S.14 IBC has the connotation which is very much..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of transfer deed - Property of senior citizen - Transfer was done out of love and affection - There was no condition to maintain appellant in said transfer deed - Tribunal without taking into consideration what basic amenities or basic physical needs were not provided for by son or..........
Armed service -- Disability pension - Requirement to give reasons by Medical Board is crucial, critical, decisive and necessary for purpose of granting or denying disability pension and it is not a mere formality, but a necessary material on basis of which pension sanctioning authority has to decide about grant or refusal of disability pension - If any action is taken by..........
Armed service -- Disability pension - Where serviceman himself had not applied for discharge, but has been discharged by authority, onus of proving disability and grounds of denying disability pension would lie heavily on authority - Since it is statutory requirement that opinion of Medical Board is to be basis of discharge, if opinion of Medical Board is devoid of..........
Utilization of land for green belt -- Compensation - Land owned by Society was released for residential purpose which was utilized by authority to develop green belt - Strip of land developed as a green belt is a public amenity of which members of society are direct beneficiaries of green belt - Since development of green belt has taken place in conformity with Layout..........
Partition suit -- Sanad Takseem - Merely on account of fact that one of co-sharers has expired just a few days prior to drawing of Sanad Takseem, said fact would not take away effect of partition effected between parties - Even otherwise, if Sanad Takseem has been drawn in favour of co-sharer who is stated to have expired in that eventuality LRs of said co-sharer can very..........
Unauthorized constructions -- Regularization - Unauthorized constructions has to be demolished - Courts must adopt a strict approach while dealing with cases of illegal construction and should not readily engage themselves in judicial regularization of buildings erected without requisite permissions of competent authority...........
