Service -- Promotion - Seniority list - Challenge as to - Non-joining of all parties - It is not essential to implead each and every one who could be affected but if a section of such affected employees is impleaded then interest of all is represented and protected - Non joining of all parties not fatal...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Permission to go abroad - Cheating - Dispute is about a loan of Rs.11 crores for which Promoters/Directors have already mortgaged 26 acres of factory land and a 8 kanal house in Chandigarh and thus interest of..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by BDA (Bangalore Development Authority) - DH after a period of approximately 17 years and after vesting of suit property in favour of BDA, entered into lease agreement with JD - BDA has become absolute owner of suit property - When BDA claims right, title or interest in suit property,..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Hindu Succession Act, 1956, Section 14(1) -- Property of Hindu Female - Suit properties purchased in the name of Hindu female by her husband through sale deeds - Interest of Hindu female in suit properties is not limited - Hindu Female thus, acquires absolute title over suit properties by virtue of S.14(1) of the Act - Courts below are not justified in holding that Hindu..........
Constitution of India, 1950, Article 14 -- Cancellation of tender process - Challenge as to - Plea that no opportunity of hearing granted by authority - Allegations of irregularities in tender process - Tender process cancelled because of the possibility of larger profits - When a contract is being evaluated, the mere possibility of more money in the public coffers, does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Sentence - (i) It is compensatory aspect of remedy which should be given priority over punitive aspect; (ii) It is appropriate if sentence of imprisonment imposed is kept at the minimum unless, of course, conduct of accused demands otherwise; (iii) Sentence of fine must be sufficient enough to..........
Service -- Compassionate appointment - Second application filed after 18 years of death of deceased employee - Once it is proved that in spite of death of breadwinner, family survived and substantial period is over, there is no need to make appointment on compassionate ground at the cost of interest of several others ignoring the mandate of Art.14 of Constitution...........
Motor Vehicles Act, 1988, Section 163A -- Accident - Total compensation - Enhancement of - Taking into account the age of deceased, applicable multiplier and various heads under which claimants are entitled to compensation, claimants entitled to total compensation of Rs.4,70,000 with interest at 6% p.a from date of claim petition till date of realization - Enhanced..........
Real Estate (Regulation and Development) Act, 2016, Section 40(1) -- Recovery of interest or penalty - Power of authority - Amount which has been determined and refundable to the allottees/home buyers either by the Authority or the Adjudicating Officer in terms of the order is recoverable within the ambit of S.40(1) of the Act...........
