Uttar Pradesh Awas Vikas Parishad Adhiniyam, 1966, Section 1 -- Uttar Pradesh Avas Evam Vikas Parishad (Appointment and Conditions of Service of Chief Engineer) Regulations,1990) Regns.8,11 - Chief Engineer - Appointment of - Supreme Court had passed an order of status quo relating to promotional posts in certain civil appeals and said order is still in force - Held, a..........
Central Civil Service (CCA) Rules, 1965, Rule 16 - - Penalty - Interpretation of - Held, Rule 16 contemplates that no order imposing a penalty under Rule 11(i) to (iv) could be issued without informing the Government servant in writing of the proposal to take action against him and of the imputation of misconduct and giving him an opportunity of making such a..........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Limitation - Cheque was dishonored on 17.08.2009 - Demand notice issued to petitioner received unserved on 18.08.2009 with an endorsement that addressee is not residing in the given address - Thereafter again cheque was presented for payment and same was dishonored - After receiving dishonored cheque..........
Banking service -- Loan account - Pre-closure charges - Neither the appellant-OP placed on record the Head Office guidelines in regard to pre-payment charges/commitment charges in relation to loan account nor there was any evidence on the file that the said guidelines were brought to the notice of the respondents/complainants and they agreed to the same at the time of..........
Service -- Probation - Confirmation - Service after expiry of maximum period of probation - Cannot be taken to be deemed confirmation when rules provide 'if confirmed' - Held, rule envisages affirmative or positive act of employer requiring confirmation order to be passed - Employer can thus terminate services of probationer employee without enquiry...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Notice was served, but despite such service, payment was not made - Same was established before first Court as well as before appellate Court - No manifest error in accepting on record evidence tendered in support of the case and appreciation of such tendered evidence pertaining..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice sent through registered post - Service of - Presumption as to - Held, if notice is sent through post office by registered post then, it shall be presumed that it is received by opposite party - Where applicant/accused could not prove that he left that..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - After passing of the decree husband remarried - Held, just because husband has remarried, the requirement of proper service cannot be done away with...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Case not of irregular service but of no service - Ex parte decree rightly set aside...........
Arbitration and Conciliation Act, 1940, Section 14, 17, Limitation Act, 1963, Article 119(b) -- Arbitration award - Made rule of the Court ex parte - Setting aside - Objection filed more than a year thereafter - Limitation period for filing objection was 30 days from date of service of notice of filing of Award - Even no ground whatsoever was pleaded for condonation of..........