Service -- Resignation - Pension - Employee will not be entitled to any pension on resignation, as his past service stood forfeited...........
Payment of Gratuity Act, 1972, Section 4 -- Gratuity - Resignation by employee - Claim of appellant for release of gratuity cannot be denied even if he had resigned from service - He is thus, entitled to receive gratuity in terms of provisions of the Act for the service rendered by him, as Act is applicable to Corporation...........
Civil Procedure Code, 1908, Order 21, Rule 22(1)Proviso -- Execution - Show cause notice U.O.21.R.22 Proviso CPC - Execution petition was filed within two years from the date of decree - It squarely falls under U.O.21.R.22(1) Proviso CPC - Executing Court was therefore competent to dispense with service of notice upon JD when execution petition filed within prescribed..........
Criminal Procedure Code, 1973, Section 446 -- Surety - Realization warrant - Proceedings u/s 446 Cr.P.C. initiated against appellants as main accused committed a default in not attending Court - Appellants/sureties also did not appear on date fixed despite personal service as such impugned order was passed to realize penalty issuing realization warrant - However, since..........
Indian Penal Code, 1860, Section 376(2)(n), 417 -- Rape - Conviction - Prosecutrix and appellant solemnized marriage and are residing together - FIR and order of conviction and sentence quashed - Owing to criminal complaint appellant was suspended from service - Direction issued to CMO to revoke the order of suspension and to pay arrears of salary to appellant...........
Civil Procedure Code, 1908, Order 9, Rule 13, Family Courts Act, 1984, Section 10 -- Ex parte divorce decree - Setting aside - Service of summons - Provisions of CPC are applicable in proceedings conducted by Family Court as per S.10 of Family Courts Act and hence, provisions with regard to service of summons as mentioned in CPC are also attracted for regulating the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Merely on account of the fact that husband did not produce any oral evidence to support his application U.O.9.R.13 r/w S.151 CPC would not be the only ground to non-suit him, more so when facts of case are conspicuous to infer that..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Manifest and explicit difference in writing as well as use of pens while mentioning endorsement of `receiving summons and copy of petition' as well as in writing and pen used for signatures allegedly shown to be of husband - When..........
Service -- Selection process - Challenge as to - Appellants during pendency of challenge to recruitment process, are appointed and now working on a higher post - They are not interested to prosecute present civil appeals any further - Appeals disposed of as having become infructuous...........
Service -- Recruitment - Change in selection process after interviews were held i.e when all stages of participation by a candidate in selection process were over, cannot be termed transparent and does not have a rational nexus to object sought to be achieved - Change in selection process rightly declared as arbitrary by High Court...........
