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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proceedings under Section 11 — A fresh application under Section 11 is not maintainable if the earlier application was withdrawn without liberty to file a fresh one.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.

Estoppel–Concession–If one party abuses the concession then it is always open to the other party to revoke such concession but if one party avails the benefit and is acting on the same representation made by the other party then the other party who has granted the said benefit cannot revoke the same under the garb of public interest.

2008(1) LAW HERALD (SC) 304 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice A.K. Mathur The Hon’ble Mr. Justice Markandey Katju Civil Appeal Nos. 1215-1216 of 2001…

Cause of Action–It means a right to sue–It consists of material facts which are imperative for the plaintiff to allege and prove to succeed in the suit. Cause of Action–Agreement clause provides that a suit would lie in a court within the local limits of whose jurisdiction the cause of action has arisen, wholly or partly–Contention that as the agreement was executed in Hong Kong and hence suit could have been filed only in that country–Contention rejected. Costs–Imposition of the costs is the discretion of the Court concerned.

2008(1) LAW HERALD (SC) 288 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Altamas Kabir Civil Appeal No. 5751 of 2007…

Medical Jurisprudence–By no norms a dead body would be skeletalized within a period of 3-4 days–it shall in ordinary course take at least few weeks. Murder–Acquittal–Police found a human skeleton–No DNA test conducted and investigating officer could not decipher as to whether dead body is of male or female. Disclosure Statement–Recovery of a weapon at instance of accused which has no nexus with cause of death of deceased in inadmissible in evidence.

2008(1) LAW HERALD (SC) 280 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 620 of…

Service Matters

Industry–Law Department is not an industry within the meaning of Section 2(s) of the I.D. Act. Precedent–Reliance on the decision without looking into the factual background of the case before it, is clearly impermissible. Precedent–The enunciation of the reason or principle on which a question before a Court has been decided is alone binding as a precedent. Precedent–Judgments of Courts–Judges interpret statutes, they do not interpret judgments–They interpret words of statutes, their words are not to be interpreted as statutes.

2008(1) LAW HERALD (SC) 275 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Arijit Pasayat The Hon’ble Mr. Justice P. Sathasivam Civil Appeal No. 3021 of 2006…

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