Service Law—Petitioner re-appointed from regular pay scale to consolidated salary on different occasion as stop-gap arrangement–Not entitled for regularization of service
2007(1) LAW HERALD (SC) 440 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Civil Appeal No. 130 of…
Service Law–Parallel proceedings–Departmental Enquiry and Criminal Proceedings–There would be no bar to proceed simultaneously with departmental enquiry and trial of a criminal case unless the charge in the criminal trial is of grave nature involving complicated question of fact and law.
2007(1) LAW HERALD (SC) 433 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice Lokeshwar…
Service Law —‘Scaling system’ for recruitment of Civil Judge (Junior Division)—Clearly demonstrate the arbitrariness and irrationality of scaling—Scaling system is unsuited for the Civil Judge (Junior Division) Examination—Position summarized. Contention that a writ petition under Article 32 is barred or not maintainable with reference to an issue which is the subject-matter of an earlier decision, is rejected.
2007(1) LAW HERALD (SC) 405 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Chief Justice Y.K. Sabharwal The Hon’ble Mr. Justice C.K. Thakker The Hon’ble Mr. Justice R.V.…
Arbitration agreement—Conduct of the parties—Parties accepted that there was an arbitration agreement & proceeded on that basis
2007(1) LAW HERALD (SC) 401 IN THE SUPREME COURT OF INDIA Before Hon’ble Dr. Arijit Pasayat The Hon’ble Mr. Justice S. H. Kapadia Civil Appeal No. 149 of 2007 Krishna…
Service Law—All High Court employees without exception, should receive a higher pay than their counter-parts in the State, in the absence of any general or special reasons Service Law— Pay and allowances of High Court employees; power to make rules in that regard is vested with the Chief Justice, subject to any law made by the Parliament—Requirement of approval from State is not a mere formality
2007(1) LAW HERALD (SC) 385 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice K. G. Balakrishnan The Hon’ble Mr. Justice G. P. Mathur The Hon’ble Mr.…
Service Law—Contract labourers and Causal workers— Regularization cannot be granted even they have worked for a long period.
2007(1) LAW HERALD (SC) 383 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Markandey Katju Civil Appeal No. 96 of 2007…
Charges— Framing of—Any error, omission or irregularity in the framing of charges including any mis joinder of charges shall not result in invalidating the conviction or order of a competent Court unless the appellate or revisional Court comes to the conclusion that a failure of justice has in fact been occasioned thereby
2007(1) LAW HERALD (SC) 377 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 69 of…
Accident—Rashness—Meaning of—To do an act with the consciousness of risk that evil consequences will follow with the hope that it will not.
2007(1) LAW HERALD (SC) 372 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 45 of…
Acquittal — Acquittal of guilty is not less than from the conviction of an innocent Appeal against Acquittal—Two views —The view which is favourable to the accused is to be adopted.
2007(1) LAW HERALD (SC) 369 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 39 of…
Criminal Misc. Application—It should be clearly stated as to whether any earlier petition had been filed or pending on the same cause of action—High Court to make provision in rules
2007(1) LAW HERALD (SC) 367 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice S.H. Kapadia Criminal Appeal No. 34…