Service -- Pension - Contractual employees are excluded from the pale of Pension Rules, Rule 17 was engrafted essentially to cater to the eventuality, where the employees working on contractual basis were regularized at a later stage and it is only for the purposes of pension that past service as a contractual employee is to be taken into account. (CCS (Pension) Rules,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice of demand is a condition precedent for filing a complaint in view of S.138(c) of the Act...........
Matrimonial dispute -- Speedy disposal of cases relating to marriage and family affairs within a time frame - Guidelines issued for strict observance by all Family Courts in Delhi, till such time rules are formulated by State Government in consultation with High Court of Delhi Viz. (A) Issue of Summons: When a suit has been duly instituted, a summons may be issued to..........
Army Act, 1950, Section 39(b), 71 -- Dismissal from service - Appellant remained unauthorizedly absent for 108 days - He was a habitual offender - Appellant had been taking too many liberties during his service and despite several punishments awarded to him earlier, ranging from imposition of fine to R.I, he did not mend his ways - Thus was his sixth infraction for the..........
Service -- Retired employee can be appointed as an inquiry authority - It is not necessary that inquiry officer should be a public servant. (Central Civil Services (Classification, control and Appeal) Rules, 1965, R.14(2)..........
Service -- Caste claim - Validity - Appellant claimed that she belongs to `Mana' Scheduled Tribe - Birth record of great grandfathers of appellant show the caste as `Mana' - Such pre-constitutional document of period as early as 1924 cannot be discarded - Though the Affinity test may be used to corroborate documentary evidence, it should not be sole criteria to reject the..........
Service -- Reinstatement - Even if Court passes an order of reinstatement in service, an order of payment of back wages is not automatic...........
Service -- Reinstatement without back wages - Appellant withdrawn his affidavit in which he categorically stated on oath that he was not employed from date of termination - However, he has not raised the contention of unemployment in fresh affidavit - Appellant cannot be granted benefit of back wages for entire period from date of termination till reinstatement, as it..........
Service -- Reinstatement - Back wages - Initial burden is on employee to come out with the case that he was not gainfully employed after order of termination...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420 -- Anticipatory bail - Granted with condition to deposit Rs.22 lacs - Accused himself volunteered to deposit the said amount - However, even if accused himself had undertaken to make payment, such undertaking could not have weighed in the mind of High Court to decide the question of grant of..........
