Prevention of Money Laundering (Appeal) Rules, 2005, Rule 5(a), (b) -- Service of notice - As per R.5(b) of Rules communication should be addressed to party and party alone - Being R.5(b) of Rules mandatory in its scope and ambit, any alternative service through post on authorised agent does not amount to proper service...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Death of original defendant after ex parte decree - LRs of deceased defendant were brought on record - However, original defendant was not prevented by sufficient cause from appearing on the date of hearing and was negligent right from the initial stage of case - Summons were also duly served..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Main Service Regulation, 1972, Volume I, Part I, Regulation 7.3 - Petitioner on account of his arrest by police remained in police custody and then judicial custody - By stretch of imagination, said period cannot be treated as duty period - Thus, it was rightly treated as leave of kind due...........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Main Service Regulation, 1972, Volume I, Part I, Regulation 7.3 - If an employee is dismissed from service only on account of his conviction in criminal case and said conviction is set aside, may be granting him benefit of doubt, employee is entitled to be reinstated in service with full back wages alongwith..........
Navy (Pension) Regulations, 1964 - - Reg.92, Indian Fleet Reserve Regulations, Reg.6 - Reservist Pension - Plea of equitable promissory estoppel and legitimate expectation - Merely upon completion of 10 years of active service as a Sailor or for that matter continued beyond that period, but falling short of 15 years or qualifying Reserve Service, the concerned Sailor..........
Navy (Pension) Regulations, 1964 - - Reg.95, Indian Fleet Reserve Regulations, Reg.6 - Sailors - Special Pension - Entitlement - Sailors appointed before 1973 to Special Pension as per Reg.95 of Regulations, 1964 - Policy decision taken by Government vide notification of 03.07.1976 and on and from that date Fleet Reserve Service has been discontinued - None of the Sailors..........
Haryana State Central Co-operative Bank Staff Service (Common Cadre) Rules, 1975, Rule 31(3), Haryana Co-operative Societies Act, 1984, Section 115 -- Lacuna occurred while passing order of Revisional Authority holding that Registrar is not Competent Authority to decide appeal - From that state, matter is remanded to be re-examined - Order of Appellate Court and Revisional..........
Service -- Selection process - Estoppel - Once the appellants participated in fresh process of selection, they were estopped from turning around and challenging the selection process after being declared unsuccessful, particularly when no prejudice is caused to appellants...........
Punjab Aided School (Security of Service) Act, 1974, Rule 8 -- Pension - Petitioner resigned from service on account of continuous confrontation with Management - Therefore, it is deemed to be voluntarily retirement - It is to be noticed that in resignation letter itself, petitioner has requested for grant of pension, if admissible to her - It does not mean that an..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - For an Indian Revenue Service officer cadre, controlling authority is the Finance Minister of Government of India...........