Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice not proved - Accused cannot be convicted solely on the basis of answers given by him in his examination u/s 313 Cr.P.C...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Police aid - Defendants inspite of service of notice, have not chosen to file counter and they were proceeded ex parte - They have not even chosen to file any application before Court below for seeking to set aside order granting police aid to plaintiffs or requested Court below to give..........
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completing 8 and 14 years of service - Said order was contrary to order of Finance Department and therefore, rightly withdrawn - Personal time bound pay scale was granted to appellants, subject to condition that..........
Service tax -- Sale of Goods - When the substantial control remains with contractor and is not handed over to user, there is no transfer of right to use vehicles, cranes, tankers etc. - Whenever there is no such control on the goods vested in the person to whom the supply is made, transaction will be of rendering service within the meaning of S.65(105)(zzzzj) of Finance..........
Service Tax -- Sale of Goods - Contracts which did not provide for transfer of right to use the goods made available to person who is allowed to use the same, are not covered under relevant provisions of Sales Tax Act and VAT Act...........
Service -- Cancellation of appointment - Disqualification - Ground on which appellant was held to be disqualified as mentioned in Clause 4.9 of Anganwari Sevika Guidelines was struck down by High Court - It was thus, not necessary for appellant to challenge the validity of same - Impugned order of disqualifying appellant on the basis of said clause set aside - Appellant..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Quashing of proceedings - Non-consideration of Domestic Incident Report (DIR) - Where the complaint u/s 12 of the Act was filed by wife on her own through counsel, there could not have been any occasion for filing DIR by Protection Officer or Service Provider at the said stage -..........
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 -- Appointment - Rejection of candidature - Wrong date of birth mentioned in application form - Applicant filled the form online and mechanically signed the printed form - He participated in the selection process and cleared all the stages successfully - It is on the publication of result that applicant realized the error in date of birth - Applicant omitted to..........
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...........
