Service -- Departmental enquiry after superannuation in absence of any governing rules and regulations - Pension rules not applicable in absence of conscious decision of Board for applicability of such rules to its employees - Corporation had no jurisdiction to institute departmental proceedings against appellant for the alleged misconduct and to direct recovery after..........
Criminal trial -- Disciplinary and legal proceedings - Special Court while acquitting respondents under NDPS cases held that petitioner and other individual had committed irregularities while discharging official duties as public servant and directed Director General of Police to initiate appropriate proceedings against them u/O.35.R.6 of General Rules (Civil and..........
Civil Procedure Code, 1908, Section 24, Allahabad High Court Rules, 1952, Rule 5 -- Chapter VIII - Special appeal - Maintainability - Order passed on an application filed u/s 24 CPC is not a judgment so as to maintain an appeal against such an order under Chapter VIII R.5 of Rules - Such an appeal is barred by S.105 CPC - Special appeal, dismissed being not maintainable...........
Insolvency and Bankruptcy Code, 2016, Section 7 -- Application u/s 7 of the Act - Issuance of notice to an authorized representative of bank was not enough to satisfy mandate of S.7(5)(b) Proviso IBC - IBC being substantive legislation relating to application filed by bank u/s 7 IBC thereof, notice to cure defects therein necessarily had to be given under said provision..........
Service -- Dismissal - Respondent being a Gramin Dak Sevak/Branch Post Master misappropriated public funds - Passbooks of account holders were stamped with receipt of amount with no corresponding entries in books of accounts maintained in post office - Documents on record clearly established factum of embezzlement - Mere deposit of embezzled amount will not absolve an..........
Wakf Act, 1995, Section 64, 32(2)(g), Karnataka Wakf Rules, 2017, Rule 58 -- Removal of a member of Managing Committee by Managing Committee of Wakf - Managing Committee of Wakf has no power to remove a member of Managing Committee appointed by Wakf Board - It is only Wakf Board which has power to do so...........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Fire insurance - Contract of fire insurance is a contract to indemnify Insured against loss by fire - In order to determine whether in a particular case loss is caused by fire following rules generally apply : (i) There must be an actual fire, hence mere heating or fermentation will not be sufficient to render..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 351 -- (Criminal Procedure Code, 1973, S.313) - Examination of accused u/s 351 BNSS - No legal impediment in permitting petitioner to answer questions u/s 351 BNSS either by adopting procedure laid down in S.351(5) BNSS Basavaraj R. Patil's case or by getting his answers recorded via electronic video linkage under Linkage..........
Service -- Termination - Termination was effected on the ground of appointments having been made in excess of vacancies - However, advertisement specifically indicated that there could be an increase or decrease of vacancies - It indicates that Appointing Authority intended that a wait list be maintained so as to fill up the vacancies arising in excess of those notified,..........
Muslim Law -- Matruka property - Devolution of property - Will is the first document that is to be satisfied subject to limits imposed by Muslim Law, i.e it cannot exceed one-third of estate and cannot ordinarily be made in favour of an heir without the consent of other heirs and then whatever remains hereafter, is to be distributed strictly as per the rules of intestate..........
