NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9378 OF 2014 (Arising out of SLP (Civil) No. 37274/2012) SHANTI DEVI …Appellant Versus RAJESH KUMAR JAIN & ANR. ..Respondents O R D E R R. BANUMATHI, J. Leave granted. 2. In this appeal, short question falling for consideration is whether the … Continue reading
Service Matter – Higher post salary when entitled for – whether the appellant is entitled to salary of high post where in he had worked for few years as in charge with specific terms – Apex court held that The order dated 28th February, 2001, by which the appellant was allowed to discharge duties in the … Continue reading
Service Matter – Seniority – Promotion – mere having B.Ed. Degree can the junior as a senior in Trained Graduates cadre over power the senior candidate and can be designated as senior for promotion – Apex court set aside the order of High court and held that we find that in the case at hand there is a … Continue reading
Sec. 302, 308 r/w 34 of I.P.C. -Circumstantial Evidence not proved – Sec.27 of Evidence Act recovery at the instance of accused not proved- Abscond not proved- common intention not established – two accused – trial court convicted both accused – Appellant court acquitted Accused No.1 and convicted only Accused No.2 as the wrist … Continue reading
Sec. 420 – compoundable -Apex court held that Offence under Section 420 of the IPC is compoundable with the permission of the court by the person who is cheated. Since the parties are related to each other and they have decided to accord a quietus to their disputes and live peacefully, we permit them to compound the offence. Hence, the … Continue reading
service matter – Recovery orders and reduce of pension – after retirement and after the lapse of few years – order to recover the excess payment and also order to reduce the pension as the salary was re fixed – challanged High court dismissed – Apex court held that we quash the impugned judgment delivered by the High Court … Continue reading
Sec. 302 / 307 I.P.C. = Appreciation of Evidence – Gun Shot – only skin deep pellet injuries and only bone deep forehead injury – Doctor never stated that due to profusing of blood or due to injuries shock the deceased died – Doctor simply stated that died due to shock – Sessions court acquitted – High court … Continue reading
Service matter – Part III of The Railway Servants (Discipline & Appeal) Rules, 1968 Penalty 6(vii)– Disproportionate penalty – Removed from service for the bribe of petty amount – Punishment is disproportionate – not habitual briber-demanded petty amounts for issuing Fit Certificates – Apex court order for compulsory retirement as suitable penalty and order for payment … Continue reading
Cancellation of Railway tender on technical point is not illegal nor arbitrary to interfere by courts – Apex court confirm the judgement of division bench = invited tenders for the grant of a three year lease of 23 tonnes of space in VPH (Parcel Van) on train No.15960/15959 Kamrup Express. Among those who … Continue reading
Service – matter = Disproportionate punishment to the negligence proved – Dismissal orders quashed – directed to pay retire benefits and pension as he was dismissed just 6 days prior to his retirement date = “25(1). No order imposing any of the major penalties specified in Clause (f), (g), (h), (i) and (j) … Continue reading