Office of the Accountant General cannot recover / adjust the amount of
negative balance from the retiral dues of retired Government servant after
a period of six months from the date of retirement by adjustment, for that,
the Government has to follow the legal procedure of approaching civil
court.
One cannot claim equal right to carry on the business against the State
when the State reserves to itself the exclusive right to carry on such trade
or business.
State Information Commissioner appointed from amongst the members of Bar is not entitled for superannuation pension.
If the rights and interest of a party is going to be affected by any action/order of an authority, then the affected party deserves a proper opportunity of hearing.
Government cannot amend or substitute statutory rules by administrative instructions, and the same can only be used to fill the gaps or supplement the rules.
Continuance of benefit of advance increment cannot be claimed
by the employee after his promotion or after revision of pay.
Where it is reasonably not practical to hold the departmental inquiry, the employer is empowered to dismiss or remove a person under clause (2)(b) of Article 311 of the Constitution of India.
1. A probationer employee appointed on regular and sanctioned post cannot be removed from services merely stating that “his services are not required”.
2. Court can look into the question whether the order by which he was removed from services was innocuous or punitive in nature considering the facts and grounds raised in the petition.
Every member of the unlawful assembly is guilty of the offence of rioting even though he may not have himself use force or violence and such member in prosecution of the common object of that assembly knew to be likely to be committed any offence, every member of that assembly is guilty of the offence committed by the unlawful assembly.
Where the dismissal, removal or compulsory retirement of a Government Servant is set aside by the Court and he is reinstated without any further enquiry, the period which he was out of job shall be treated as duty for all purposes and he shall be entitled to get full pay and allowances for the said period.
Though Bank Guarantee is a bilateral contract between the Bank and the beneficiary, the aspect of irretrievable injury that may be caused to a party should also be considered while its invocation/encashment, especially when the obligation to complete the work for which the Bank Guarantee was given, has been fulfilled.
The term bias is used to denote a departure from the standing of even-handed justice.
In the administrative action where the decision of authority may result in civil consequences, a hearing before taking decision is necessary.
When the doctrine of stare decisis is not adhered to, a change in the law may adversely affect the interest of the citizens.
Every abduction of a minor female cannot be construed to be an offence under Section 366 IPC and the same needs to be corroborated from the statement of the victim and other medical and forensic evidences available on record with regard to the intention of the accused.
In cases depending on circumstantial evidence, the chain of events must be proved by the prosecution to show that within all human probability, the offence has been committed by the accused/appellants and should also be consistent with the hypothesis of the guilt of the accused.
In democracy like ours every authority may, however high should function within four corners of law because the rule of law requires that all the machinery of state must function
according to mandate of statute.
Statutory authority cannot permit its decision to be influenced by dictation of superior as same would amount to surrendering of discretion.
General power of superintendence must be distinguished from the interference in the adjudication process.
The true test of bias is not whether the judge is actually biased or not, but whether there is a real danger of bias from view
point of fair minded and informed observer.
The amended Section 6 of the Hindu Succession Act, 1956 confers
status of coparcener on the daughter born before or after the amendment
in the same manner as son with same rights and liabilities.
Nature of injury is not deciding factor for conviction under Section
307 of the IPC rather what has to be seen in intention of accused
coupled with overt act.
If the dying declaration has been recorded in presence of the Executive Magistrate after the Doctor holding the patient to be fit for giving the statement, reliance can be placed upon the same.
IMPORTANT NOTICE
