uncategorised

In terms of Cl. 17(7), employee attaining 58 yrs of age “may” be continued in service up to 60 yrs of age subject to medical fitness. Cl. 17(7)(iii) is only an enabling provision that enables appellant to continue employee who had attained 58 yrs of age up to 60 yrs provided he/she is medically fit […]

Law clarified on the issue that whether the trial of offence of money-laundering should follow the trial of the scheduled/predicate offence or vice versa. Held, Therefore, the question of territorial jurisdiction in this case requires an enquiry into a question of fact as to the place where the alleged proceeds of crime were (i) concealed;

Law comprehensively clarified regarding effect of non-discharge of duty of insurer to disclose exclusion clause by insurer and non-compliance of statutory mandate under IRDA Regulations, 2002 in this regard. Held, there is an onerous responsibility on the part of the insurer while dealing with an exclusion clause. We may only add that the insurer is statutorily

Though opinion of CVC is only advisory, it is nevertheless a valuable input in the decision-making process of the appointing authority. However, the final decision of the appointing authority must be of its own, by application of independent mind. Held, we have examined the correspondence and the long-drawn communications between the CBI, the DoPT, and

Payment to a person other than holder/holder in due course, when does not amount to a valid discharge, explained. When the appellant signed the original Kisan Vikas Patra on back side and handed over to the agent of Post office, she also took pass book of MIS. Subsequently it was discovered that KVPs were encashed

Section 141 – Impleadment of all Directors of an Accused Company on the basis of a statement that they are in charge of and responsible for the conduct of the business of the company, without anything more, does not fulfil the requirements of Section 141 of the NI Act – Specific averments have to be

In this case, Full Court of High Court recommended compulsory retirement of petitioner from post of Additional District & Sessions Judge for irregular deposits/withdrawal from his bank account, rejecting reports of Vigilance/Disciplinary Committee dt 17-10-2018 and 18-12-2019 exonerating him. The Supreme Court held, decision/report of Vigilance/Disciplinary Committee not binding on Full Court. On facts it

Entitlement to back wages: Denial of back wages to appellant CA, whose termination was found unjustified, not proper. [Pradeep v. Manganese Ore (India) Ltd., (2022) 3 SCC 683]

illegality, irrationality and procedural impropriety, held, not attracted in this case. Courts in exercise of power under judicial review, held, cannot interfere with selections made by expert bodies, as in this case, by reassessing comparative merits of candidates, unless vitiated by bias, mala fides or contrary to statutory provisions. None of these vitiating factors were

Election petition based on allegations of corrupt practices not supported by an affidavit in Form 25, as prescribed under R. 94-A of the 1961 Rules cannot be thrown out at threshold. Non-filing of affidavit or non-filing of proper verification is technical defect which is curable by allowing candidate to file proper affidavit. [A. Manju v.