Criminal Procedure Code, 1973, Section 482 -- Closure of prosecution evidence - Part statement of I.O. in a corruption case recorded - If witness avoids to appear in Court despite service of summons then Court has to take necessary steps for securing presence of witness by issuing summons to him or by adopting coercive methods for securing his presence - Prosecution..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed on 12th day of service of notice - Complaint rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Proceedings were launched on 12th day from service of notice and before expiry of 15 days mandatory period as provided u/s 138(c) of the Act - No cause of action thus accrued to complainant - Complaint dismissed...........
Service -- Regularization - When employees were appointed on a fixed term and on a fixed salary in a temporary unit which was created for a particular project, no such direction could have been issued by High Court in exercise of its jurisdiction u/art 226 of Constitution to absorb them in Government service and to regularize their services by creating supernumerary..........
Civil Procedure Code, 1908, Order 5, Rule 21, 23 -- Service of summons on a defendant residing outside jurisdiction of Court - Summons have to be first sent to the Court having jurisdiction where defendant resides and that Court would thereupon proceed to serve the defendant as if the summons were issued by that Court - Summons by registered post acknowledgement due cannot..........
Service -- Misconduct - Order of punishment set aside on the ground of Doctrine of equality - When the charges against delinquent officer are proved in departmental enquiry, merely because some other officers involved in same incident are exonerated and/or no action is taken against other officers, same cannot be a ground to set aside order of punishment against..........
Service -- Departmental enquiry - Where it is found that enquiry is not conducted properly and/or same is in violation of principles of natural justice, Court cannot reinstate employee as such and matter is to be remanded to Disciplinary authority to proceed further with enquiry from the stage of violation of principle of natural justice is noticed and enquiry has to be..........
Contract -- Writ jurisdiction - Any contract of public service should not be interfered with lightly and in any case, there should not be any interim order derailing the entire process of services meant for larger public good...........
Service -- Benefit of First Time Bound Promotion (TBP) - Services rendered by an employee on work charge basis cannot be considered for grant of benefit of first TBP, if employee is absorbed in service on a different pay scale...........
Service -- Benefit of First Time Bound Promotion (TBP) - Respondent was initially appointed in 1982 in the post of Technical Assistant on work charge basis, which was altogether a different post than newly created post of Civil Engineering Assistant in which he was absorbed in the year 1989 - Department was thus, right in holding that respondent was entitled to first TBP..........
