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Jodhpur

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compassionate employment= Father of the respondent who was working as a Class III employee with the appellant Bank died on 19.4.2006 while in harness. The respondent applied for compassionate appointment on 12.5.2006. B. During the pendency of the application filed by the respondent, a new scheme dated 12.6.2006 came into force with effect from 6.10.2006. Clause 14 thereof provides that all applications pending on the date of commencement of the scheme shall be considered for grant of ex-gratia payment to the family instead of compassionate appointment.= A scheme containing an in pari materia clause, as is involved in this case was considered by this Court in State Bank of India & Anr. vs. Raj Kumar (2010) 11 SCC 661. Clause 14 of the said Scheme is verbatim to clause 14 of the scheme involved herein, which reads as under: Date of effect of the scheme and disposal of pending applications: The Scheme will come into force with effect from the date it is approved by the Board of Directors. Applications pending under the Compasionate Appointment Scheme as on the date on which this new Scheme is approved by the Board will be dealt with in accordance with Scheme for payment of ex-gratia lump sum amount provided they fulfill all the terms and conditions of this scheme.”= The Court considered various aspects of service jurisprudence and came to the conclusion that as the appointment on compassionate ground may not be claimed as a matter of right nor an applicant becomes entitled automatically for appointment, rather it depends on various other circumstances i.e. eligibility and financial conditions of the family, etc., the application has to be considered in accordance with the scheme. In case the Scheme does not create any legal right, a candidate cannot claim that his case is to be considered as per the Scheme existing on the date the cause of action had arisen i.e. death of the incumbent on the post. In State Bank of India & Anr. (supra), this Court held that in such a situation, the case under the new Scheme has to be considered. 14. In view of the above position, the reasoning given by the learned Single Judge as well as by the Division Bench is not sustainable in the eyes of law. The appeal is allowed and the impugned judgments of the High Court are set aside. 15. The respondent may apply for consideration of his case under the new Scheme and the appellant shall consider his case strictly in accordance with clause 14 of the said new Scheme within a period of three months from the date of receiving of application. With these observations, appeal stands disposed of.

 published in       http://judis.nic.in/supremecourt/imgst.aspx?filename=40634  REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6348 OF 2013 (Arising out of SLP(C)No.13957/2010) MGB GRAMIN BANK Appellant (s) VERSUS CHAKRAWARTI SINGH Respondent(s) O R D E R 1. Leave granted. 2. This appeal has been preferred against the impugned judgment and order dated 27.1.2010 … Continue reading

FRAUDULENTLY OBTAINED DISCHARE FROM CRIMINAL CASE = “court is not a laboratory where children come to play”. The action of the accused-respondent depicts the attitude where one calculatedly conceives Page 2 the concept that he is entitled to play a game of chess in a court of law and the propriety, expected norms from a litigant and the abhorrence of courts to the issues of suppression of facts can comfortably be kept at bay. Such a proclivity appears to have weighed uppermost in his mind on the base that he can play in aid of technicalities to his own advantage and the law, in its essential substance, and justice, with its divine attributes, can unceremoniously be buried in the grave. = The fraudulent intention is writ large. In fact, he has shown his courage of ignorance and tried to play possum. The High Court, as we have seen, applied the principle “when infrastructure collapses, the superstructure is bound to collapse”. However, as the order has been obtained by practising fraud and suppressing material fact before a court of law to gain advantage, the said order cannot be allowed to stand. That apart, we have dealt with regard to the legal sustainability of the order in detail. Under these circumstances, we are disposed to think that the power under Article 142 of the Constitution is required to be invoked to do complete justice between the parties. Cognizance of the offences had been rightly taken by the learned Magistrate and charges, as we find, have been correctly framed by the learned trial Judge. A victim of a crime has as much right to get justice from the court as an accused who enjoys the benefit of innocence till the allegations are proven against him. when an order of quashment of summons has been obtained by suppression, this Court has an obligation to set aside the said order and restore the order framing charges and direct the trial to go on. And we so direct.= Consequently, the appeal is allowed, the order passed by the High Court in Criminal Revision No. 327 of 2011 and the order passed by the learned Additional District and Sessions Judge, No.1, Jodhpur, in Criminal Revision No. 7 of 2009 are set aside and it is directed that the trial which is pending before the learned Additional District and Sessions Judge, No. 3, Jodhpur, shall proceed in accordance with law.

Page 1     Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 785 OF 2013 (Arising out of SLP (Crl. ) No. 294 of 2013) Moti Lal Songara …Appellant Versus Prem Prakash @ Pappu and Anr. …Respondents J U D G M E N T Dipak Misra, J. Leave granted. 2. … Continue reading

Sections 498A and 406 of the Indian Penal Code.the FIR lodged by respondent 2 insofar as it relates to appellants 1, 2 and 3 deserves to be quashed. The allegations are extremely general in nature. No specific role is attributed to each of the appellants. Respondent 2 has stated that after the marriage, she resided with her husband at Ahmedabad. It is not clear whether appellants 1, 2 and 3 were residing with them at Ahmedabad. The marriage took place on 9/7/2002 and respondent 2 left her matrimonial home on 15/2/2003 i.e. within a period of seven months. Thereafter, respondent 2 took no steps to file any complaint against the appellants. Six years after she left the house, the present FIR is lodged making extremely vague and general allegations against appellants 1, 2 and 3. It is important to remember that appellant 2 is a married sister-in-law. In our opinion, such extra ordinary delay in lodging the FIR raises grave doubt about the truthfulness of allegations made by respondent 2 against appellants 1, 2 and 3, which are, in any case, general in nature. We have no doubt that by making such reckless and vague allegations, respondent 2 has tried to rope them in this case along with her husband. We are of the confirmed opinion that continuation of the criminal proceedings against appellants 1, 2 and 3 pursuant to this FIR is an abuse of process of law. In the interest of justice, therefore, the FIR deserves to be quashed insofar as it relates to appellants 1, 2 and 3. 9. Hence, impugned judgment and order dated 14/9/2011 passed by the Rajasthan High Court in S.B. Criminal Misc. Petition No.1935 of 2009 is quashed and set aside insofar as it refuses to quash the FIR in question against appellants 1, 2 and 3. FIR No.66 of 2009 lodged at Mahila Thana, District Jodhpur, Rajasthan is quashed insofar as it relates to appellants 1, 2 and 3 viz. Smt. Chandralekha, Vandana and Vinita respectively. We make it clear that so far as Rajeev Bhandari s/o. Meghraj Bhandari is concerned, the proceedings shall go on in accordance with law. We have not quashed FIR No.66 of 2009 insofar as it relates to Rajeev Bhandari. Needless to say that the court seized of the complaint shall deal with Rajeev Bhandari’s case independently, without being influenced by anything said by us on the merits of the case and in accordance with law.

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2070 OF 2012 [Arising out of Special Leave Petition (Crl.) No.9092 of 2011]   CHANDRALEKHA & ORS. … APPELLANTS Vs. STATE OF RAJASTHAN & ANR. … RESPONDENTS   O R D E R 1. Leave granted. 2. This appeal, by special leave, … Continue reading

a dispute of inter se seniority between Income Tax Inspectors of the Income Tax Department. Direct recruits and promotees are pitted on opposite sides.=In all these cases the advertised vacancies were filled up in the original/first examination/selection conducted for the same. None of the direct recruit Income Tax Inspectors herein can be stated to be occupying carried forward vacancies, or vacancies which came to be filled up by a “later” examination/selection process. The facts only reveal, that the examination and the selection process of direct recruits could not be completed within the recruitment year itself. For this, the modification/amendment in the manner of determining the inter-se seniority between the direct recruits and promotees, carried out through the OM dated 7.2.1986, and the compilation of the instructions pertaining to seniority in the OM dated 3.7.1986, leave no room for any doubt, that the “rotation of quotas” principle, would be fully applicable to the direct recruits in the present controversy. The direct recruits herein will therefore have to be interspaced with promotees of the same recruitment year. 34. In view of the above, the Civil Appeals, the Transferred Case, as well as, the Transfer Case (filed by the direct recruits and the Union of India) are hereby allowed. The claim of the promotees, that the direct recruit Income Tax Inspectors, in the instant case should be assigned seniority with reference to the date of their actual appointment in the Income Tax Department is declined.

“REPORTABLE” IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos. 7514-7515 OF 2005 Union of India & Ors. …. Appellants Versus N.R. Parmar & Ors. …. Respondents WITH CIVIL APPEAL Nos. 3876-3880 of 2007 Mukund Lal & Anr. …. Appellants Versus Pritpal Singh & Ors. …. Respondents WITH CIVIL APPEAL No. 7516 … Continue reading

The respondent/complainant had purchased 195 Kgs. of Lobia seeds from the petitioners/OPs in 2001 for total price of Rs.11,000/-. The seeds were sown in 24 acres of land. In the next three months, the crop had attained vigorous vegetative growth, but there was no pod formation. On a complaint by the respondent/complainant, the crop was inspected by officers of the State Agriculture Department as well as representative of Haryana, State Agriculture University, Hissar. The report of the latter shows that the entire crop was of fodder variety and not the (seed) vegetable variety of cowpea. Hence there was no pod formation.

Image via Wikipedia NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI   REVISION PETITION NO. 3180 OF 2011 (Against the order dated 12.05.2011 in First Appeal No.2499 of 2003 of the State Commission, Haryana ) Bharat Seed Company Through its Proprietor Near Anand Cinema, Post Office Box No.104 & 52, Jodhpur– 342 001                                                                                                                                        ……….Petitioner Versus 1. Charanjit Singh S/o Shri Balwant Singh Residing at Dera Sacha Sauda, Begu Road, Sirsa 2. Vikas Traders, … Continue reading

SERVICE MATTERS = AUTOMATIC SELECTION GRADE PROMOTIONS=APEX COURT DIRECTIONS = (i) The Appellant-State would not be entitled to recover financial benefits already extended to the employees, pursuant to the first office order issued by Appellant on 25.01.1992. (ii) The Appellant would not also be entitled to recover any amount which might have been paid to the employees even after issuance of the second clarificatory office Order/ letter dated 24.07.1995 as according to us, recovery of such amount would cause great hardships to the employees. (iii)The employees who have earned censure in the past years for their service record will not be entitled to be granted `Selection Grade’ alongwith those who have a clean and unblemished record. They would be granted `Selection Grade’ only one year thereafter.

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8404 of 2011 [Arising out of S.L.P. (C) No.30570 of 2010] State of Rajasthan & Ors. …Appellants Versus Shankar Lal Parmar …Respondent W I T H C.A.No.8405/2011[Arising out of SLP(C) No.9847 of 2011]; C.A.No.8406/2011[Arising out of SLP(C) No.17093 of 2011]; C.A.No.8414/2011[Arising … Continue reading

LAND REVENUE ACT = “Thus it is settled law that normally a decree passed by a court of competent jurisdiction, after adjudication on merits of the rights of the parties, operates as res judicata in a subsequent suit or proceedings and binds the parties or the persons claiming right, title or interest from the parties. Its validity should be assailed only in an appeal or revision as the case may be. In subsequent proceedings its validity cannot be questioned. A decree passed by a court without jurisdiction over the subject-matter or on other grounds which goes to the root of its exercise or jurisdiction, lacks inherent jurisdiction. It is a coram non judice. A decree passed by such a court is a nullity and is non est. Its invalidity can be set up whenever it is sought to be enforced or is acted upon as a foundation for a right, even at the stage of execution or in collateral proceedings.” “Bapi Patta” cannot be granted to the appellants therein inasmuch as the aforesaid land falls within the catchment area of feeder canal of Kaliberi and, therefore, the patta was cancelled on 19.07.1942. Inasmuch as the land in question was being utilized as catchment area of potable

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs. 1585-1586 OF 2005 State of Rajasthan & Ors. …. Appellant (s) Versus Jeev Raj & Ors. …. Respondent(s) J U D G M E N T P. Sathasivam, J. 1) These appeals arise from the final judgment and order dated 14.10.2003 passed … Continue reading

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