Service -- Family pension - Death during service - Widow is entitled to pension till she remarries - However, when remarriage is annulled by divorce, desertion or death of second husband, family pension is liable to be restored. (Central Civil Services (Extraordinary Pension) Rules, 1939, R.12)...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte decree - Setting aside - Service of summons through publication - Defendant denied service of summons or knowledge of suit - On denial, presumption regarding service of summons stood rebutted - Burden shifted upon plaintiff to prove that summons were served upon defendant..........
Service -- Dismissal - Without holding any enquiry - Mandatory requirement of a disciplinary inquiry i.e holding of an inquiry, when charges are refuted and serving inquiry report to delinquent breached, as employee not given opportunity to produce his witnesses in defence and not given an opportunity of being heard in person - High Court set aside dismissal order - No..........
Service -- Dismissal - Imposition of penalty on a employee of bank i.e major penalty of dismissal from service that too without conducting enquiry or without following statutory provisions governing the disciplinary proceedings, is violation of principle of natural justice - Compliance of natural justice is necessary, even when there is no specific statutory rule requiring..........
Service -- Dismissal - On issuance of second charge sheet containing all charges of first charge sheet, proceedings on the basis of former charge sheet abandoned and the enquiry report on that basis also losses all its importance...........
Service -- Punjab Civil Services (Judicial Branch) - Appointment - Non-joining of three selected candidates - Vacancies falling vacant - Appellants next in order of merit have no legal right to be appointed against vacancies falling vacant particularly when candidates much more than the vacancies advertised have already joined - Select list thus stood exhausted -..........
Service -- Punjab Civil Services (Judicial Branch) - Appointment - De-reservation of posts reserved for S.C. candidates - There is a bar on de-reservation of posts reserved for S.C. candidates as per S.7 of Punjab Scheduled Castes and Backward Classes (Reservation in Services) Act, 2006 - However, in public interest authorities may de-reserve the seats reserved for..........
Service -- Punjab Civil Services (Judicial Branch) - Appointment - Appellants contended that since they were pursuing the matter for about 8 years and even today there are vacancies, thus case of appellants be considered for existing vacancies - Contention rejected, as appointment to an additional or to existing vacancies would deprive candidates who were not eligible for..........
Indian Penal Code, 1860, Section 302 -- Murder in Courtroom - Identity of accused - Eye witnesses clearly identified both the accused, as accused were involved in criminal activities - Moreover, it would be natural for PW 28 a police officer who had spent 10 years in police service in the area to be aware of the identity of both the accused - Similarly the other eye..........
Service -- Territorial Army personnel - Family pension - Contention that there is a discrimination as the family pension is denied to the widow of territorial Army personnel on the ground that he had not put in the minimum qualifying service, however, family pension is not denied in case of dependents of regular army soldier even though deceased soldier had not put in..........
