Criminal Law -- Co-accused not filing appeal - Held, that co- accused is entitled to the same benefit of the modification of sentence passed against the other accused...........
Service -- Direct recruits and promotees - Seniority - Initial appointments of the respondents on promotion not made in accordance with the Recruitment Rules of 1965 - Applying the principles laid down in the Direct Recruits Case (1990(2) SCR 900), held that appellants-direct recruits are senior to the respondents - Appeal allowed...........
Limitation Act, 1963, Section 3 -- Pendency of appeal - Does not suspend the running of limitation unless the operation of judgment is suspended...........
Service -- Age - Correction in date of birth - Sought after more than 25 years of service - Government of India circular dt.10.7.1987 requiring to take steps within 5 years of circular for correction in date of birth - No steps taken within that period - Single judge was wrong in giving directions to the appellant to refer the respondents to the medical board for..........
Limitation Act, 1963, Section 3 -- Pendency of appeal - Does not suspend the running of limitation unless the operation of judgment is suspended...........
Indian Penal Code, 1860, Section 406, 420, 467, Criminal Procedure Code, 1973, Section 482 -- Complainant on study leave - Accused withdrew his salary and DA - Offence of cheating, breach of trust and forgery - Cognizance taken - High Court proceeded to consider the version of the accused as given out in their petition filed under Section 482 - Held, this course is wholly..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 109 days in filing L.P.A. by State - Held, State cannot be put on the same footing as an individual - The expression 'sufficient cause' should be considered with pragmatism injustice-oriented approach rather than technical detection - Delay condoned - Appeal allowed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit for partition - In 1930 an award of the Arbitrator was made rule of the Court and the same was not challenged by any of the branches of the four sons as such decree was passed in terms thereof - Notice also issued to all the parties in writing by the Court informing them of the award being made rule of the..........
Appeal -- Change of law pending appeal - As appeal is continuation of the original proceedings as such Court can take judicial notice of the change in law and mould the relief on the basis of the rights altered under the amended law...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Jurisdiction of Court - Court before which subsequent suit is pending is only competent to stay trial and not the Court before which earlier suit is pending or the Court before which appeal against order in earlier suit is pending...........
