Constitution of India, 1950, Article 16(4A) -- Promotion - Accelerated promotion - Catch - up rule - Seniority - Executive instructions - Dated 15.12.2005 issued by Punjab Government held to be prospective in nature - Private respondents got accelerated promotion in the year 1992 and 2001 - At that time the executive instructions with regard to allowing consequential..........
Constitution of India, 1950, Article 161, 19, 21, Criminal Procedure Code, 1973, Section 432 -- Remission of sentence - Revocation thereof - Legality of - Held, once remission granted by virtue of Art.161 of the Constitution by State Government on occasion of Republic Day and entered in history sheet of convict, cannot be revoked later on u/s 432 Cr.P.C. by department of..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Rent Controller is required to ascertain that (i) the applicant is a Non-Resident Indian; (ii) he is owner of the subject premises; (iii) his ownership is more than 5 years old as on the date when he applies for eviction; (iv) the applicant-NRI-landlord has pleaded and explained that he needs the..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Rent Controller to ascertain (i) whether or not such an application accompanying by an affidavit has been moved within 15 days from the date of effecting service upon the tenant as per the Schedule-II; (ii) whether or not the tenant has raised a triable issue duly supported with..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- NRI landlord - Leave to contest - Triable issue - Rent Controller to consider (i) a NRI-landlord even if only a co-owner/joint owner in the demises premises, can seek eviction of his tenant under Section 13-B of the Act; (ii) ordinarily, the fate of an eviction petition filed earlier under Section 13 of the Act,..........
Criminal Procedure Code, 1973, Section 218, 223 -- Joint trial - Cases registered for the offences indictable u/s 120-B r/w Ss.420, 467, 468, 471 of IPC and Section 13 of Prevention of Corruption Act - Second FIR registered on same set of facts - Trials relating to both the cases pending in the same court - Material on record do not suggest that offences as alleged have..........
Industrial Disputes Act, 1947, Section 10(1) -- Reference - Out of 24 items reference made of only 3 demands and other demands not found justified by the appropriate Government - The elaborate reasons given by the Conciliation Officer and affirmed by the Government exceed the jurisdiction of the power vested in the Government under Section 10 of the Industrial Dispute Act..........
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 285, 286, 337, 338, 304A, Factories Act, 1948, Section 92 -- Rash and negligent act by petitioner/occupier or Manager of factory resulting into death of worker - Petitioner has not been convicted and/or acquitted in either of case as Section 92 of the Factory Act do no prescribe punishment for..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Impleading of L.R's - Courts are not required to delve into the question of title - Court is only required to see whether the person sought to be substituted has any right or whether he is the legal representative of the heirs, as defined under Section 2(11) CPC...........
Industrial Disputes Act, 1947, Section 33(2)(b) -- Punishment - Compulsory retirement - The order of compulsory retirement passed against the petitioner after holding domestic enquiry - The order passed stigmatic in nature - The order can be treated as an order of dismissal for the purposes of proviso to Section 33(2)(b) - It was obligatory for the respondent to have..........
