Constitution of India, 1950, Article 311(2)(a) -- Dismissal from service - No rule of law has been laid down that in all cases of conviction of government officials, conviction order would ultimately warrant disciplinary proceedings or dismissal from service - No, doubt disciplinary proceedings can be launched from purpose of punishment on base of conduct which has let to..........
Punjab Civil Services Rules, Rule 7.5(6) -- Volume I - It was incumbent upon appointing authority to permit withdrawal of resignation of petitioner subject to post available or any other comparable post available for adjustment - There, when resignation of petitioner was permitted to be withdrawn vide order and ordered him to posted against vacant post, requirement and..........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Auction sale - JD not questioned the process of attachment or sale/auction on any grounds contained in O.21.R.90 CPC or any other Rule - Order of confirmation of sale was passed - JD held, caught by estoppel and waiver and cannot now question the process of attachment and auction of property...........
Service -- Cancellation of promotion order - Validity - Appellant admittedly fulfilled the eligibility criteria and qualification as prescribed in Rule 10 of Rules 1956 as also the qualifications prescribed for appointment to the post in question for direct recruits - Competent authorities also recommended the case of promotion of appellant certifying that appellant is fit..........
Jammu and Kashmir Public Safety Act, 1978, Section 8 -- Preventive detention - Authorities while exercising power under the Act have to strictly follow the rule of law and any lapse on part of detaining Authority in not following proper procedure and not respecting safeguards available to detenue, renders order of detention invalid and desired object get defeated...........
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..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Deaf and dumb - Mental infirmity within the meaning of O.32.R.15 CPC is not mental disorder, insanity or mental illness but infirmity caused by physical defects like deafness or dumbness also constitute weakness of mind and renders a person incapable of protecting his interests - In such a case where the person having such..........
Contempt of Courts Act, 1971, Section 2, 12 -- Contempt of Court - Non-compliance of order of Court - Merely because appeal against said order is pending before higher forum, is no ground to no, compliance of said order, as till an order passed by competent Court is set aside/stayed/varied/modified, said order remains valid and subsisting and is required to be compiled..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Report of personal service and an endorsement of process server in this regard with signature of defendant - Absence of plea that endorsement does not bear his signatures - No averment that defendant has no cordial relations with other defendants who are his family members, in order to..........
Plot -- Cancellation of plot - Non payment of installments - Extension of time - Stage where petitioners could seek some more time to make defaulted instalments had already been over - High Court committed error by allowing such application without considering the merits of case and successive orders with regard to cancellation and rejection of request, for extending time..........
