advocatemmmohan
Government
Ganga Rape of a woman – Reliefs to victim granted by Apex court – who loved other cast man , by the order of cast panchayat elders – Apex court taken suomoto case and order for investigation and obtained report and Apex court held that we are of the view that the victim should be given a compensation of at least Rs. 5 lakhs for rehabilitation by the State. We, accordingly, direct the Respondent No. 1 (State of West Bengal through Chief Secretary) to make a payment of Rs. 5 lakhs, in addition to the already sanctioned amount of Rs. 50,000, within one month from today and that Directed to registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and the Police officers are duty bound to register the same. and directed that Likewise, all hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, are statutorily obligated under Section 357C to provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under Sections 326A, 376, 376A, 376B, 376C, 376D or Section 376E of the IPC.=1 SUO MOTU WRIT PETITION (CRIMINAL) NO. 24 OF 2014 In Re: Indian Woman says gang-raped on orders of Village Court published in Business & Financial News dated 23.01.2014= 2014 (March . Part) judis.nic.in/supremecourt/filename=41349
Ganga Rape of a woman – Reliefs to victim granted by Apex court – who loved other cast man , by the order of cast panchayat elders – Apex court taken suomoto case and order for investigation and obtained report and Apex court held that we are of the view that the victim should be given a compensation of at … Continue reading
National Pharmaceutical Pricing Authority (NPCA) under the DPCO,1995, – the Drugs (Prices Control) Order (for short, ‘DPCO’) – Fixation of prices /Revised prices of the drugs manufactured & stocked by company by notification – Whether operative in respect of all sales subsequent to 15 days from the date of the notification by the Government in the official gazette/receipt of the price fixation order by the manufacturer – Karnataka High court held that it applies from the date of notification -that revised prices will not apply to the existing stocks but only to new batches of drugs and formulations to be manufactured after 15 days of the notification cannot be accepted. The provisions of the DPC Order are clear that prices should be revised within 15 days even in regard to the formulations which were manufactured prior to the date of notification or those manufactured within 15 days from the date of notification. – Delhi high court held that it applies only after 15 days of notification – Apex court held that Karnataka High court view is correct and Delhi High court view is incorrect – held that it applies only from the date of Notification to all sales & stocks = GlaxoSmithKline Pharmaceuticals Limited (Formerly known as SmithKline Beecham Pharmaceuticals (India) Limited) … Appellant Versus Union of India & Ors. … Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41053
National Pharmaceutical Pricing Authority (NPCA) under the DPCO,1995, – the Drugs (Prices Control) Order (for short, ‘DPCO’) – Fixation of prices /Revised prices of the drugs manufactured & stocked by company by notification – Whether operative in respect of all sales subsequent to 15 days from the date of the notification by the Government in the official gazette/receipt of the price … Continue reading
Service matter – Appointment for the post of District judge – whether a public prosecutor is eligible for the post of Judiciary – Apex court held yes = Lakshmana Rao Yadavalli & Anr. …..Appellants. Versus The State of Andhra Pradesh & Ors. …..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41050
Service matter – Appointment for the post of District judge – whether a public prosecutor is eligible for the post of Judiciary – Apex court held yes = whether a Public Prosecutor/Assistant Public Prosecutor/District Attorney/Assistant District Attorney/Deputy … Continue reading
Minimum age limit for appointment of District & Sessions Judge in A.P. = no minimum age limit = it was not necessary for the appellant to have completed the age of 35 years for being appointed to the post in question as there is no provision in the Andhra Pradesh State Judicial Service Rules, 2007 = Sasidhar Reddy Sura …..Appellant Versus The State of Andhra Pradesh & Ors. …..Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41044
Minimum age limit for appointment of District & Sessions Judge in A.P. = no minimum age limit = it was not necessary for the appellant to have completed the age of 35 years for being appointed to the post in question as there is no … Continue reading
Service matter – whether Non Practising Allowance (NPA) payable to the doctors employed in Central Health Services, the Railways and other Departments of the Government, who retired from service prior to 1.1.1996 is to be added to their basic pay for calculation of pension payable to them. = K.C. Bajaj and others …Appellants versus Union of India and others …Respondents = http://judis.nic.in/supremecourt/imgst.aspx?filename=41019
whether Non Practising Allowance (NPA) payable to the doctors employed in Central Health Services, the Railways and other Departments of the Government, who retired from service prior to 1.1.1996 is to be added to their basic pay for calculation of pension payable to them. = whether NPA admissible … 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 = GIRISH BHUSHAN GOYAL APPELLANT Versus B.H.E.L. & ANR. RESPONDENTS = Published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40954
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
A public interest lititation writ of quo warranto the Court only makes a public declaration that the person holding the public office is a usurper and not eligible to hold the post and after the declaration is made he ceases to hold the office but can not order for recovery of salary/honorarium = Central Electricity Supply Utility of Odisha ……Appellant Versus Dhobei Sahoo & Ors. …..Respondents = http://judis.nic.in/supremecourt/filename=40949
A public interest lititation writ of quo warranto the Court only makes a public declaration that the person holding the public office is a usurper and not eligible to hold the post and … Continue reading
Rule 34 of CDA and Payment of Gratuity Act – Departmental enquiry – holding of Gratuity of a retired person – Since there is a conflict in opinion of three Bench judgment of this Court which is later in point of time. State Bank of India vs. Ram lal Bhaskar and Anr. 2011(10)SCC249. and the judgement of Jaswant Singh Gill vs. Bharat Coking Coal Ltd. & Ors. (2007) 1 SCC 663. matter referred to larger bench – Referred to larger Bench = = Ch. cum Man. Director Mahanadi Coalfield Ltd. ………..Appellant Versus Rabindranath Choubey ……..Respondent = http://judis.nic.in/supremecourt/filename=40916
Rule 34 of CDA and Payment of Gratuity Act – Departmental enquiry – holding of Gratuity of a retired person – Since there is a conflict in opinion of three Bench judgment of this Court which is later in point of time. State Bank of India vs. Ram lal Bhaskar and Anr. 2011(10)SCC249. and the judgement of Jaswant Singh Gill vs. … Continue reading
Whether the DGP can reverse the adverse remaks in the matter of integrity recorded in ACR after the lapse of 9 years ? NO. Whether the successor D.G.P. CAN CANCEL THE SAME – yes – High court dismissed the writs filed by aggerieved persons – Apex court confirmed the same. – VINOD KUMAR …….. APPELLANT(S) VERSUS STATE OF HARYANA & ORS. ……….RESPONDENT(S) – http://judis.nic.in/supremecourt/imgst.aspx?filename=40896
Whether the DGP can reverse the adverse remaks in the matter of integrity recorded in ACR after the lapse of 9 years ? NO. Whether the successor D.G.P. CAN CANCEL THE SAME – yes – High court dismissed the writs filed by aggerieved persons – Apex court confirmed the same. after almost 9 years, he … Continue reading
service matter – Departmental enquiry – dismissed from service – with out following procedure and with out supplying documents – Shobha Sinha …Appellant Vs. The State of Bihar & Ors. ….Respondents – http://judis.nic.in/supremecourt/imgst.aspx?filename=40893
Departmental enquiry – dismissed from service – with out following procedure and with out supplying documents – single judge set the aside the order – remanded for fresh enquiry before review committee – committee constituted – Review committee found that the delinquent is careless in her duty only as she did in routine … Continue reading
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