Constitution of India, 1950, Article 14, 16 -- Promotion - Retrospective promotion - Seniority - Petitioner was appointed on the post of Analyst through SSSB by direct appointment and joined his service on 6.5.1986 - Respondent No. 3 who was working in junior post as Senior Analytical Assistant promoted to the post of Analyst by order dated 17.12.1986 - After nearly two..........
Civil Procedure Code, 1908, Section 34 -- Interest - Grant of - Suit for recovery of money of Rs.30,000/- - First appellate Court awarded 9% interest per annum from the date of plaint till the date of decree - Held, it is on the higher side - It could be at the rate of 6% per annum on par with the post decretal interest awarded by first appellate Court...........
Indian Penal Code, 1860, Section 364, 300, 201 -- Kidnapping, murder and causing evidence to disappear - Body of deceased recovered from river - Medical evidence suggested that death was caused within three to four days of post-mortem examination - In face of post mortem report, accused persons apprehended earlier to date death of deceased warranting inference that there..........
Indian Penal Code, 1860, Section 302 -- Murder - Deceased survived for 16 days after incident - Evidence on record would clearly establish that appellant-accused repeatedly assaulted deceased with an iron rod on head - Doctor who conducted post-mortem examination has opined that injuries sustained by deceased were sufficient in ordinary course of nature to cause death -..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office - PPF account - In the name of HUF - Continuance of account beyond a specified date of 31.12.2005 was in contravention of Rules notified by Government of India - Bald plea made on behalf of petitioner that the account was opened in the name of HUF and this contract was not binding on the Government - Held that..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office - PPF account - In the name of HUF - Continuance of account beyond a specified date of 31.12.2005 was in contravention of Rules notified by Government of India -Bald plea made on behalf of petitioner that the account was opened in the name of HUF and this contract was not binding on the Government - Held that..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office - PPF account - In the name of HUF - Continuance of account beyond a specified date of 31.12.2005 was in contravention of Rules notified by Government of India -Bald plea made on behalf of petitioner that the account was opened in the name of HUF and this contract was not binding on the Government - Held that..........
Haryana School Education Rules, 2003, Rule 51(4) -- Termination - Teacher appointed against the aided sanctioned post - Termination in contravention of Rule 51(4) of the Rules as prior approval of the Department was not taken by the Managing Committee and the termination order set aside by the DEO and the same affirmed in appeal - High Court upholding the orders granting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Not claimed' - Endorsement `Not claimed' neither signed by postman nor by post master - No mention in complaint about the date on which statutory notice was served or at least deemed to have been served - Intimation to collect registered letter not proved..........
Constitution of India, 1950, Article 14, 16 -- Recruitment - Appointment - Post of Chief Inspector Haryana Roadways - Challenge to selection - On the ground that respondents No. 4 and 8 not eligible since they were not possessing the required experience of two years in Government/Semi Government or Public Undertakings/Roadways Fleet, cannot be sustained and deserves to be..........
