Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 6A, Transfer of Property Act, 1882, Section 106 -- Eviction - Termination of tenancy - Requirement of notice - No formal notice served upon tenant regarding termination of tenancy - Held, where parties were already in litigation in previous suit on same cause of action which was later dismissed - There is no..........
Service -- Government aided school - Wrongful termination - Reinstatement with Back wages - Services of respondent no.4 terminated by school tribunal without following statutory rules requiring involvement of Government officials - However, termination of respondent no.4 subsequently set aside and reinstated with back wages - School Tribunal consciously put the burden of..........
Medical Termination of Pregnancy Act, 1971, Section 3 -- Rape of unmarried girl aged 20 years - Termination of pregnancy of 32 weeks - Pregnancy may be ordered to be terminated if length of the same is between 12 weeks to 20 weeks - Since the victim is in her 32nd week of pregnancy, which was in an advanced stage, it was not feasible to conduct abortion - However, Chief..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Termination of FIR u/ss 498-A and 406 IPC through compromise - Document executed whereby matrimonial ties were terminated with consent and parties decided to part their ways and to proceed in their life as per their own wishes and wife agreed that she will not claim any maintenance from husband in future - Held,..........
Industrial Disputes Act, 1947, Section 25F -- Labour law - Termination of workman - Order of reinstatement with back wages - Validity - Tribunal-cum-labour Court on the basis of evidence adduced by parties and applying the law laid down in the case of Bangalore water supply, rightly held that appellant is an industry - Action of appellant in terminating services of..........
Electricity Act, 2003, Section 61 -- Compensatory tariff - Application for interim payment of - Said interim application filed during pendency of appeal against order of setting aside of termination notice of PPA - Right of appellant/power generating company for compensatory tariff is one of the issues in appeal - Therefore, no direction can be given at this stage during..........
Service -- Resignation and voluntary retirement - There is difference between resignation and voluntary retirement - Resignation has the effect of termination of an employee - Voluntary retirement though has the effect of termination of employee yet it has different consequences - In case of resignation ex-employee is not entitled to pension, whereas in case of voluntary..........
Limitation Act, 1963, Section 14 -- Word `civil proceedings' - Covers proceeding u/art 226 of Constitution praying reliefs concerning civil rights - Wrongful removal, termination, dismissal, discharge from service is infringement of civil rights of a person and when such infringement is called in question in a writ proceeding, it is axiomatic that such a proceeding is a..........
Transfer of Property Act, 1882, Section 106 -- Notice - Termination of tenancy - Once the service of plaint in the suit on defendant is taken as a notice for terminating tenancy, then by applying the provision of O.7.R.7 CPC which empowers the Court to take notice of subsequent events for purposes of moulding the relief in a suit, defendant's tenancy would stand terminated..........
Indian Contract Act, 1872, Section 73, Limitation Act, 1963, Article 55 -- Damages - Breach of contract - Limitation - Suit based on successive breaches committed by appellant State - Suit was required to be filed within three years of happening of each breach as per Art.55 of Limitation Act, which would constitute a distinct cause of action - Period of limitation did not..........
