Transfer of Property Act, 1882, Section 106 -- Notice - Amendment of 2003 - Eviction suit - Though suit was filed in 2002 but said amending provision of Act having retrospective effect - As per amendment no objection with regard to termination of tenancy is permitted on the ground that legal notice as long as a period of 15 days was otherwise given to tenant to vacate the..........
Service -- Wrongful termination - Reinstatement with back wages - There was no, compliance of mandatory requirements as provided under U.P. Industrial Disputes Act by respondent-firm at the time of passing an order of termination against appellant-workman - Fact that appellant was gainfully employed during the period of adjudication was neither pleaded nor proved before..........
Transfer of Property Act, 1882, Section 111(g), 114 -- Termination of tenancy - Benefit of S.114 of Act - Landlord expressly determined the tenancy in terms of S.106 of T.P.Act in default of payment of rent - Provision of S.111(g) of Act are not applicable, which are pre-requisite for applicability of provisions of S.114 of Act - Since provision of S.111(g) is not..........
Service -- Termination - Reinstatement with back wages - Inspector of Insurance Company - Termination on ground of poor business and failure to achieve fixed target - No record produced by Company that there was reduction of emoluments for three consecutive years due to no, performance of work - Order of termination, held, illegal - Respondent company directed to..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Memorandum of Understanding reached between parties providing for appointment of arbitrator in case of dispute - Termination of MOU - Arbitration agreement continues to remain and consequently parties are entitled to invoke the arbitration clause in MOU - Consensus not reached between..........
Uttar Pradesh Industrial Disputes Act, 1947, Section 6N, 6W -- Termination of service - Department of fishery - Respondent/workman working as tube-well operator, terminated from service by treating him as temporary employee - Reasons not given in order of termination cannot be used to justify termination - Therefore reason that post of tube well operator has been abolished..........
Uttar Pradesh Industrial Disputes Act, 1947, Section 6N, 6W -- Termination of service - Backwages - Termination was found to be void ab initio - Despite order of reinstatement respondent/workman was not offered equivalent post - Denial of backwages from date of termination to date of award without assigning any reasons, not proper - No work no pay rule cannot be employed..........
Advocates Act, 1961, Section 35 -- Bar Council of India Rules, Part VI, Section II, Regulation 33 - Scope of Regulation 33 - Rule restrains a lawyer from acting for another client on the ground of conflict of interest as duty of lawyer owed to his former client, not to act prejudicially to his interest, does not come to an end with termination of earlier case of his client..........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for recovery of money based on contract - Cause of action arises in such a suit at the place where offer is accepted and if suit is based on termination of contract then cause of action arises at the place where such termination order is received - Offer of petitioner was accepted at place `P' and..........
Army Act, 1950, Section 22 -- Termination - Due to injury sustained in an accident result in low medical category - Petitioner grievance is that he was deprived of serving army due to per-se illegal action of department and had no other means of sustenance during period when he was out of service - Held, denial of back wages to an employee who has suffered due to illegal..........
