Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Serving of summons - Mother of defendant accepted the summons on his behalf - They both are residing in the same house and also having a joint mess - Defendant admitted that signatures on the backside of summons were his mother's - He thus, had knowledge not only about institution of suit but..........
Service -- Allocation of employees - Bifurcation of State of AP - Respondent was posted in an area which falls with Telangana at the time of bifurcation of State of AP - As per Guidelines, allocable employees were to be considered on the basis of seniority as on 1 June 2014 - Position of respondent was 4th in seniority in composite State of AP but he was senior most of..........
Criminal Procedure Code, 1973, Section 227, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Discharge - Offence u/ss 13(1)(d), 13(2) of the Act - Allegation relating to accused's disproportionate income in the period between 1974 and 1988 was levelled in an FIR filed 12 years after said period concluded - Charge sheet was filed seven years after registration..........
Criminal Procedure Code, 1973, Section 91 -- Bank account cannot be freezed on summons issued u/s 91 Cr.P.C...........
Civil Procedure Code, 1908, Order 21, Rule 64, 66 -- Execution - Auction sale - Attachment of property - JD cannot stall execution of money decree on the ground that he filed petition to set aside ex-parte decree unless stay of execution is obtained - Order of sale and attachment of suit property held, Proper...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Application to set aside ex parte order can only be entertained if filed before conclusion of arguments - After conclusion of arguments, remedy available is to file proceedings for setting aside ex parte decree...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Appeal against - Appellant while challenging ex parte decree by filing an appeal, can always point out from record of trial Court that order passed to proceed with the suit ex parte against him was illegal...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Appeal against - Appellant can always point out from record of trial Court that order proceeding him ex parte was illegal - Record shows that attempt to service summons by regular mode failed as premises of appellant were found to be locked - Trial Court did not..........
Service -- Compassionate appointment - After retirement of an employee - Appointment on compassionate grounds cannot be extended to heirs of employee on his superannuation and/or retirement - Appointment on compassionate grounds is provided upon death of an employee in harness and without any kind of security whatsoever...........
Service -- Re-instatement - Merely because of acquittal in a criminal case on benefit of doubt an employee cannot be ipso facto reinstated in service...........
