Agreement to sell -- Specific performance - Fixed time frame of six months for making payment in full - Plaintiff did not offer to pay remaining/balance amount before expiry of six months period - Plaintiff thus not complied with his obligation under the agreement within six months period - Suit for specific performance to execute sale deed not available - Order of trial..........
Service -- Benefit of personal/promotional pay scale - Recovery of - Benefit of personal/promotional pay scale was granted only to Ayurvedic Medical Officers upon completing 8 and 14 years of service - Said order was contrary to order of Finance Department and therefore, rightly withdrawn - Personal time bound pay scale was granted to appellants, subject to condition that..........
National Green Tribunal Act, 2010, Section 14 -- Citizen approaching NGT with a grievance - Strict yardsticks regarding pleadings which are applied by CPC do not apply - In the instant case Tribunal without holding any inquiry, only by recording a prima facie finding, that no case for interference has been made out, summarily dismissed the application/complaint filed by..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3 -- Detention order - Validity - Grounds of detention forming the basis of satisfaction of detaining authority, were made known to the detenue - He cannot seek all the facts, including access to the telephonic conversation relied on, especially when he did not exercise his right to..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted by holding that application for extension is filed without any valid basis - However reasons given u/s 43D(2)(b) of Unlawful Activities (Prevention) Act, 1967, were clearly made out and explained in the extension letter - Police report u/s 173(2) Cr.P.C had already been submitted prior to last date of..........
Service -- Stoppage of salary - State sanctioned two vacancies for the posts of assistant teachers but School recruited three teachers - Appellants are bona fide applicants from open market and State has no proof of commission of any malpractice by appellants - Alleged mischief was at the end of school and its Manager - State approved their appointments and approval order..........
Service -- Payment of stipends - Nature of duties discharged by Post Graduate Students in Ayurveda stream is not the same as that of Post Graduate students undertaking education in Allopathy stream - Impugned order of treating students pursuing Post Graduate in Ayurveda stream at par with students pursuing Post Graduate course in Allopathy stream, set aside...........
Service -- Transfer order - Failure to avail of any remedy would mean that employee had accepted the order and was duty-bound to comply with the same - At a later stage, he could not take a plea that the order being erroneous, no consequence would follow for its non-compliance...........
Service -- Merger of cadres - Challenge as to - Level of posts being merged was examined and it was opined that these were at the same level - Though there used to be slight difference of pay scales, however, that was also brought at par w.e.f 1.1.1996 - State Government had considered the entire gamut of facts including educational qualifications, duties and..........
Gujarat Prevention of Fragmentation and Consolidation of Holdings Act, 1947, Section 31(1)(b) -- Sale deed - Breach of provision of S.31(1)(b) of the Act - Proper hearing on merits was not given to appellant/purchaser before holding against him - Various issues arise in the case which would require verification and adjudication upon evaluation of evidence - Parties would..........
