Service -- Re-instatement - Benefit of continuity of service - Cannot be granted unless termination is set aside...........
Service -- Re-instatement - Benefit of continuity of service - Once fresh appointment was given to respondent and neither termination nor fresh engagement was placed in issue, grant of continuity of service was manifestly misconceived...........
Service -- Benefit of continuity - Can be granted when an order of termination is set aside to ensure that there is no hiatus in service...........
Service -- Benefit of continuity - From date of earlier termination until reengagement - Plea of seniority - Continuity in service cannot be granted when neither termination nor fresh appointment was challenged - Therefore, seniority of workman shall be counted with effect from the date of his fresh appointment in the service...........
Transfer of Property Act, 1882, Section 111(h) -- Termination of lease - Default in payment of rent - Tenancy was terminable as per provisions of S.111(h) of the Act which stipulates that lease of immovable property determines on expiration of a notice to determine lease duly given by one party to other - In the instant case, notice given to tenant clearly states that..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Interim maintenance is awarded during the subsistence of the divorce suit - With the termination of proceedings, order of maintenance goes...........
Transfer of Property Act, 1882, Section 111(a) -- Termination of lease - Efflux of time - Lease of immovable property is determined by efflux of time u/s 111(a) of the Act, only when duration of lease is fixed by a valid deed of lease - U, registered lease deed being invalid not determined by efflux of time u/s 111(a) of the Act...........
Service -- Termination - Casual worker hardly worked for one year - No evidence whether he worked for gains or not after his services came to an end - Fit case to award lump sum compensation instead of directing reinstatement - Appellant to pay a sum of Rs.50,000/- in lump sum to the employee by way of compensation in lieu of respondent's right to claim reinstatement in..........
Payment of Gratuity Act, 1972, Section 4(5), (6) -- Forfeiture of gratuity - Dismissal from service - Misconduct - Forfeiture of gratuity is not automatic on dismissal from service - It is permissible u/s 6(b)(ii) of the Act, only if termination of an employee is for any misconduct which constitutes an offence involving moral turpitude and convicted accordingly by a Court..........
Government Contract -- Breach of dealership agreement - Termination of dealership - Single Judge upheld the respondent's termination letter of dealership and considered it proper to grant liberty to respondent to file a representation to appellant for consideration of his case for restoration of his dealership - Appellant rejected the respondent' representation - Single..........
