Suspension–If the revision takes effect from a date prior to the date of suspension of a Government servant then he would be entitled to benefit of increment pay and in the subsistence allowance for the period of suspension, if the revision scale of pay takes effect from a date falling within the period of suspension then the benefit of revision of pay and the subsistence allowances will accrue to him, only after reinstatement.
2010(1) LAW HERALD (SC) 706 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice K.S. Radhakrishnan Civil Appeal No. 1096 of 2010…
Recount of votes–Specified officer has no jurisdiction to entertain election petition for recount of votes even with consent of the parties. Madhya Pradesh Panchayats (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, 1995–Madhya Pradesh Panchayat Raj Adhiniyam, S.122–Election Petiton–Post of Sarpanch–Recounting of votes–Willful disobedience of the order of the High Court–Specified officer has no jurisdiction to entertain election petition for recount of votes even with consent of the parties.
2010(1) LAW HERALD (SC) 703 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 5096 of 2009…
Proceedings before the DRT, Hyderabad, should be transferred to the DRT, Delhi, since all the other proceedings are being heard by the Delhi High Court–It is the Delhi High Court which is the appellate forum against an order of the DRT, Delhi–Transfer Petition allowed.
2010(1) LAW HERALD (SC) 701 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Aftab Alam The Hon’ble Mr. Justice Surinder Singh…
Regularization of services–Qualification–Respondents, did not possess the minimum prescribed qualification–Appointment was in contravention of the Cadre and Recruitment Rules–Tribunal rightly rejected the applications for regularization.
2010(1) LAW HERALD (SC) 699 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Dr. Justice Mukundakam Sharma Civil Appeal Nos. 819-851 of 2010…
Attachments of properties–Properties dervied from or used in commission of offences and acquired from criminal activities are not to be attached.
2010(1) LAW HERALD (SC) 695 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Criminal Appeal Nos. 891-893 Of…
Selection–Appointment–Waiting list etc. cannot be used as a reservoir, to fill up the vacancy which comes into existence after the issuance of notification/advertisement–Unexhausted select list/waiting list becomes meaningless and cannot be pressed in service any more.
2010(1) LAW HERALD (SC) 689 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice K.G. Balakrishnan The Hon’ble Mr. Justice Deepak Verma The Hon’ble Mr. Justice Dr.…
Services of respondent teachers terminated on the ground that they had absented from duties without informing the Management–Management had not followed proper procedure in terminating services of respondents–Reason for termination of services was not that they were unqualified or untrained teachers but that they had absented from duties–Assuming that they had absented from duties even then admittedly procedure laid down under Clause 13 and 18 of Schedule ‘F’ of the Bombay Primary Education Rules, 1949 had to be followed before terminating their services–Tribunal was justified in ordering reinstatement with full salary and allowances
Shantiniketan Hindi Primary School v. Pal Hariram Ramavtar 2010(1) LAW HERALD (SC) 686 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice R.V. Raveendran The Hon’ble Mr. Justice…
Dowry Prohibition Act, 1961, S. 4–Penal Code, 1860, S. 498-A and 304-B–Evidence Act, 1872, S. 113-B–Dowry Death–Cruelty–Demand of Dowry–Essential ingredients :- (i) Death is caused in unnatural circumstances. (ii) Death must have occurred within seven years of the marriage of the deceased. (iii) It needs to be shown that soon before her death, the deceased was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry.
2010(1) LAW HERALD (SC) 681 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice P. Sathasivam The Hon’ble Mr. Justice H.L. Dattu Criminal Appeal No. 160 Of 2006…
Removal from service–Non-supply of relevant documents–Copies of the documents which formed the foundation of the charge sheet against the respondents have been denied to the respondent on the lame excuse–proceedings vitiated been conducted in complete violation of principles natural justice.
2010(1) LAW HERALD (SC) 671 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice V.S. Sirpurkar The Hon’ble Mr. Justice Surinder Singh Nijjar Civil Appeal No. 254 of…
Constitution of India, 1950, Art. 311–Delhi School Education Act, 1973, S. 8 & 12–Vires of–Unaided minority institution–Section 8(1), (3), (4) and (5) of the Act do not violate the right of the minorities to establish and administer their educational Institutions–However, Section 8(2) interferes with the said right of the minorities and is, therefore, inapplicable to private recognized aided/unaided minority educational institutions
2010(1) LAW HERALD (SC) 661 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice G.S. Singhvi The Hon’ble Mr. Justice Dr. B.S. Chauhan Civil Appeal No. 5508 of…