Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Accused already deposited compensation amount of Rs.6 lakhs and also fine of Rs.10,000 - However, what remains is to undergo S.I of 2 months - Accused is the only earning member in family and her source of income is very nominal - If she undergoes S.I for 2 months, then she..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties entered into an agreement/MOU for dissolution of their marriage with consent - Pursuant thereto petition for divorce by mutual consent filed - After waiting period of six months wife did not appear - Petition dismissed - Appeal against - Divorce by mutual consent granted by holding that (a)..........
Service -- Recruitment - Examination process - Re-evaluation of answer sheets - Error committed by examination authority - Entire examination process does not deserve to be derailed only because some candidates are disappointed or dissatisfied or perceive some injustice having been caused to them by an erroneous question or an erroneous answer - All candidates suffer..........
Service -- Recruitment - Examination process - Re-evaluation of answer sheets - Courts should not at all re-evaluate or scrutinize answer sheets of a candidate, as it has no expertise in the matter and academic matters are best left to academics - Rather, Court should presume correctness of key answers and proceed on that assumption and in event of doubt benefit should go..........
Service -- Recruitment - Examination process - Re-evaluation of answer sheets - If a Statue, Rule or Regulation governing an examination permits re-evaluation or scrutiny of an answer sheet as a matter of right, then authority conducting examination may permit it - However, if such Statue, Rule or Regulation governing an examination does not permit re-evaluation or..........
Service -- Recruitment - Post of Trained Graduate Teachers - Examination process - Third evaluation of answer sheets - Eight years already elapsed and there is no finality to result of examinations - Third evaluation of answers sheets already held and result of the same is ready for declaration - Recruitment of candidates based on result of third evaluation of answer..........
Service -- Armed forces personnel - Pay structure - Assured Career Progression (ACP) - Grant of ACP is part of pay structure - It affects pay of employee and he gets a higher grade pay even though it may be in same pay band...........
Service -- Armed forces personnel below officer rank - Pay structure - Modified Assured Career Progression (MACP) - Date of applicability - Intention of Government was clear that MACP which is part of pay structure will apply from 1.1.2006 - Said decision cannot be modified by issuing subsequent executive instruction, as administrative instruction is totally ultra vires..........
Service -- Nature of appointment - Respondents not applied in terms of advertisement inviting application for ad hoc basis - They appointed as part time lecturers for fixed period and on a fixed salary, as they moved independent applications to that effect - There was no provision in U.P. Higher Education Service Commission Act, to regularize the services of part time..........
Service -- Appointment - Consultation with some other Constitutional/Statutory authority - Question of giving primacy to the opinion expressed by person consulted - If there is no Selection Committee and appointing authority is required to consult with some Constitutional/Statutory authority, then question of giving primacy to the person with whom the consultation is to be..........
