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Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation. Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed. Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of jurisdiction under Section 11 is confined to existence of an arbitration agreement — Issue of res judicata not considered at Section 11 stage — Principles of Order 23 Rule 1 of CPC apply to proceedings under Section 11 — A fresh application under Section 11 is not maintainable if the earlier application was withdrawn without liberty to file a fresh one. Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty. Service Law — Dismissal from Service — Disciplinary Proceedings — Violation of Natural Justice — Requirement of Oral Enquiry — Employer’s Burden of Proof — The Apex Court held that unless the charged employee clearly admits guilt, a disciplinary enquiry must be held — The employer must first present evidence and witnesses, allowing the employee to cross-examine — Only then should the employee be given an opportunity to present their defense — The Court emphasized that relying solely on documents without examining witnesses or making them available for cross-examination when charges are denied, vitiates the enquiry.
Service

Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation.

Apr 6, 2026 sclaw
Constitution

Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed.

Apr 6, 2026 sclaw
Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation.
Service
Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation.
Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed.
Constitution
Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed.
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of jurisdiction under Section 11 is confined to existence of an arbitration agreement — Issue of res judicata not considered at Section 11 stage — Principles of Order 23 Rule 1 of CPC apply to proceedings under Section 11 — A fresh application under Section 11 is not maintainable if the earlier application was withdrawn without liberty to file a fresh one.
Arbitration
Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of jurisdiction under Section 11 is confined to existence of an arbitration agreement — Issue of res judicata not considered at Section 11 stage — Principles of Order 23 Rule 1 of CPC apply to proceedings under Section 11 — A fresh application under Section 11 is not maintainable if the earlier application was withdrawn without liberty to file a fresh one.
Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty.
Cr P C
Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty.
C P C

Civil Procedure  Code, 1860, S.100–Second Appeal-Substantial question of law-­House Tax-While disposing off the appeal the high court did not decided the questions whether the suit seeking a declaration that the demand of House Tax raised under the Act is maintainable, Matter remanded back to be decided afresh-Haryana Municipal Act, 1973.

Aug 11, 2018 sclaw

(2017) 174 AIC 95 : (2017) AIR(SCW) 1330 : (2017) 3 AIRJharR 321 : (2017) AIR(SC) 1330 : (2017) AllSCR 2127 : (2017) 123 ALR 284 : (2017) 3 AndhLD…

I P C

Indian Penal Code, 1860, S.307 and S.34–Attempt to Murder-Common Intention- -Appellant came along with three other person—One of them with the bomb- Accused 4 in coming together with the other four accused and going together with them, and in shouting the words “Kill him” certainly attracted the change under Section 307 read with Section 34 of the code

Aug 11, 2018 sclaw

(2017) 100 ACrC 937 : (2017) 177 AIC 267 : (2017) AIR(SCW) 1415 : (2017) AIR(SC) 1415 : (2017) ALLMR(Cri) 3116 : (2017) 2 ALT(Crl) 69 : (2017) 2 AndhLD(Criminal)…

Bail Granted

Anticipatory Bail — Murder — Father of deceased had sworn affidavit that death was natural-Police has started investigation on basis of an anonymous letter that appellant had extra material affair and had took advantage of his profession-Held; appellant has already joined investigation-High Court ought to have granted anticipatory bail in view of statement of father of deceased-Ordered accordingly-Criminal Procedure Code, 1973, S.438.

Aug 10, 2018 sclaw

(2017) 99 ACrC 699 : (2017) 173 AIC 271 : (2017) 2 AICLR 360 : (2017) AIR(SCW) 1439 : (2017) AIR(SC) 1439 : (2017) ALLMR(Cri) 2210 : (2017) 1 BBCJ…

I P C

Indian Penal Code, 1860, S.307–Attempt to Murder–Non-examination of investigating officer—Since the evidence of eye witnesses has remained unimpeached, and as there are no major contradictions or omissions in the evidence of these witnesses, the non-examination of the Investigating Officer by the prosecution may not tilt the balance in favour of the defence

Aug 10, 2018 sclaw

(2017) 99 ACrC 901 : (2017) 174 AIC 76 : (2017) 2 AICLR 356 : (2017) AIR(SCW) 1400 : (2017) 4 AIRJharR 95 : (2017) AIR(SC) 1400 : (2017) 1…

Murder

Murder–Non-examination of witness-Witnesses have vividly deposed about the genesis of the occurrence, the participation and involvement of the accused persons in the crime-Mere non-examination of the witnesses, who might have been there on the way to hospital or the hospital itself when deceased narrated the incident, would not make the prosecution case unacceptable-Conviction upheld.                                                       

Aug 10, 2018 sclaw

(2017) 99 ACrC 976 : (2017) 174 AIC 244 : (2017) 3 AICLR 520 : (2017) AIR(SCW) 1121 : (2017) 2 AIRJharR 668 : (2017) AIR(SC) 1121 : (2017) 1…

You missed

Service

Central Civil Services (Revised Pay) Rules, 2008; Seventh Central Pay Commission Recommendations — Non-Functional Upgradation (NFU) to Level 9 — Recommendation 7.4.13 (iv) (b) — Eligibility criteria — Completion of four years in Level 8 on seniority-cum-suitability basis — Interpretation of — Held, denial of NFU on the ground that Junior Engineers did not enter service at Grade Pay of Rs — 4,800/- amounts to adding an additional condition not contemplated by the recommendation.

Apr 6, 2026 sclaw
Constitution

Foreign Exchange Management Act, 1999 (FEMA) — Section 37A — Seizure of assets — Adjudication proceedings are independent of seizure proceedings — The order of the Competent Authority confirming seizure of equivalent assets continues until the disposal of adjudication proceedings — The Adjudicating Authority then passes appropriate directions regarding further action on the seizure — However, this does not apply to a situation where seizure has not been confirmed.

Apr 6, 2026 sclaw
Arbitration

Arbitration and Conciliation Act, 1996 — Section 11 — Appointment of Arbitrator — Scope of jurisdiction under Section 11 is confined to existence of an arbitration agreement — Issue of res judicata not considered at Section 11 stage — Principles of Order 23 Rule 1 of CPC apply to proceedings under Section 11 — A fresh application under Section 11 is not maintainable if the earlier application was withdrawn without liberty to file a fresh one.

Apr 6, 2026 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 197(1) — Requirement of sanction for prosecution of public servants — Protection under Section 197(1) applies only to public servants who are not removable from office except by or with the sanction of the government — Subordinate police officers not falling under this category are not entitled to the benefit of this protection, even if the alleged offence was committed while acting or purporting to act in the discharge of official duty.

Apr 5, 2026 sclaw