Value Added Tax -- Assessment order - High Court directed departmental action against appellant with comments regarding competence of appellant to discharge quasi-judicial functions - At time of passing assessment orders, appellant had no other registered address of respondent on record - Therefore, his action of passing ex parte assessment orders could not have been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed on 12th day of service of notice - Complaint rightly dismissed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay of 1246 days in filing application U.O.9.R.13 CPC - Address of defendant mentioned different in different documents - Making the defendant to suffer under an ex parte decree passed would be unjustifiable - Substantial justice should be done by giving due opportunity to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Proceedings were launched on 12th day from service of notice and before expiry of 15 days mandatory period as provided u/s 138(c) of the Act - No cause of action thus accrued to complainant - Complaint dismissed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 307, 34 -- Bail - Cruelty - Accused arrested after non-bailable warrants issued against him - However, summons issued by trial Court were not served on him, as he had shifted his residence - Accused has no knowledge regarding the fact that charge sheet was filed against him and that summons..........
Service -- Regularization - When employees were appointed on a fixed term and on a fixed salary in a temporary unit which was created for a particular project, no such direction could have been issued by High Court in exercise of its jurisdiction u/art 226 of Constitution to absorb them in Government service and to regularize their services by creating supernumerary..........
Civil Procedure Code, 1908, Order 5, Rule 21, 23 -- Service of summons on a defendant residing outside jurisdiction of Court - Summons have to be first sent to the Court having jurisdiction where defendant resides and that Court would thereupon proceed to serve the defendant as if the summons were issued by that Court - Summons by registered post acknowledgement due cannot..........
Service -- Misconduct - Order of punishment set aside on the ground of Doctrine of equality - When the charges against delinquent officer are proved in departmental enquiry, merely because some other officers involved in same incident are exonerated and/or no action is taken against other officers, same cannot be a ground to set aside order of punishment against..........
Service -- Departmental enquiry - Where it is found that enquiry is not conducted properly and/or same is in violation of principles of natural justice, Court cannot reinstate employee as such and matter is to be remanded to Disciplinary authority to proceed further with enquiry from the stage of violation of principle of natural justice is noticed and enquiry has to be..........
Contract -- Writ jurisdiction - Any contract of public service should not be interfered with lightly and in any case, there should not be any interim order derailing the entire process of services meant for larger public good...........
