Keywords : Medical reimbursement
The conditions of service of Hon’ble Judges of the High Court including the Hon’ble Chief Justices being uniform all over the country it is highly desirable that the system of reimbursement of medical expenses is also uniform. Continue reading “Justice V.S. Dave President vs Kusumjit Sidhu [All SC 2018 April]”
Decided on: 10 January, 2005
BENCH: N. Santosh Hegde & S.B. Sinha
(Arising out of SLP (C) Nos. 21820-21822 of 2004) With CIVIL APPEAL NO. OF 2005 (@ SLP (C) No. 23351 of 2004) CIVIL APPEAL NOs. OF 2005 (@ SLP (C) Nos. 23837-23838 of 2004) CIVIL APPEAL NOs. OF 2005 (@ SLP (C) Nos. 22361-22363 of 2004) S.B. Continue reading “Board Of Control For Cricket vs Netaji Cricket Club & Ors [ALL SC 2018 January]”
Keywords:- Service law
“we conclude that the view of the AFT that the post of DGMS (Army) is to be filled by the officer on the strength of ‘seniority-cum-suitability’, where seniority is a decisive factor and suitability is a secondary factor, is not correct. In the entire discussion resting with the aforesaid view, the Tribunal ignored the fact that it is not only seniority and suitability simpliciter but ‘inter se’ seniority and suitability. The expression ‘inter se’ is totally ignored and there is no discussion thereupon at all, which has led the AFT to take wrong view insofar as interpretation of the criteria laid down in the Circular dated 10th July, 1992 is concerned, which talks of ‘inter se seniority and suitability’. Continue reading “Union of India through its Secretary & Ors. Vs. Maj. Gen. Manomoy Ganguly [ALL SC 2018 August]”
The decision in Umadevi (3) was intended to put a full stop to the somewhat pernicious practice of irregularly or illegally appointing daily wage workers and continuing with them indefinitely.
Under the circumstances, we are of the view that the Regularisation Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularisation Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularised unless there is some valid objection to their regularisation like misconduct etc. Continue reading “Narendra Kumar Tiwari & Ors. Etc. Vs. State of Jharkhand & Ors. Etc. [All SC 2018 August ]”
KEYWORDS:- Sentencing
Currently, India does not have structured sentencing guidelines that have been issued either by the legislature or the judiciary. However, the Courts have framed certain guidelines in the matter of imposition of sentence. A Judge 6 has wide discretion in awarding the sentence within the statutory limits. Since in many offences only the maximum punishment is prescribed and for some offences the minimum punishment is prescribed, each Judge exercises his discretion accordingly. Continue reading “State of Rajasthan Vs. Mohan Lal & Another [All SC 2018 August]”
Section 304 PartII I.P.C.
The intention appears more to have been to teach a lesson by the venting of ire by an irked neighbour, due to loud playing of the tape recorder. But in the nature of weapon used, the assault made in the rib cage area, knowledge that death was likely to ensue will have to be attributed to the Appellant. Continue reading Deepak Vs. State of Uttar Pradesh [All SC 2018 August ]
KEYWORDS:- RAPE- Removal from service- disciplinary inquiry – natural Justice- The question as to whether Inquiry Officer who is supposed to act independently in an inquiry has acted as prosecutor or not is a question of fact which has to be decided on the facts and proceedings of particular case. The disciplinary proceedings are quasi-judicial proceedings and Inquiry Officer is in the position of an independent … Continue reading Union of India & Ors. Vs. Ram Lakhan Sharma [ ALL SC 2018 JULY]
KEYWORDS:-Special (Duty) Allowance- Equality before Law-Valid classification- DATE:- JULY 02, 2018 Article 14 does not prohibit reasonable classification but for passing test of permissible classification there are two conditions as observed in Budhan Choudhary versus State of Bihar must be satisfied. ACT:- Article 14 of Indian Constitution SUPREME COURT OF INDIA Director General, CRPF & Ors. Vs. Janardan Singh & Ors. [Civil Appeal No.5850 of 2011] ASHOK … Continue reading Director General, CRPF & Ors. Vs. Janardan Singh & Ors. [ALL SC 2018 JULY]
KEYWORDS:- Murder- Acquittal- PLEA OF INSANITY- Right of Life- Benefit of Doubt- “We are therefore of the considered opinion, that the appellant has been able to create sufficient doubt in our mind that he is entitled to the benefit of the exception under section 84 I.P.C. because of the preponderance of his medical condition at the time of occurrence, as revealed from the materials and … Continue reading Devidas Loka Rathod Vs. State of Maharashtra [ALL SC 2018 JULY]
KEYWORDS:- Reservation of land The State Government being the owner of the land and minerals, has a right to make a proposal to the Central Government to reserve lands not held under a prospecting licence or mining lease for exploitation by the State Government companies or undertakings but approval of the Central Government is necessary; The Central Government cannot be bound by any specific parameters. … Continue reading M/s. Geomysore Services India Pvt. Ltd. & ANR. Vs. M/s. Hutti Goldmines Company Ltd. & Ors.[ALL SC 2018 MAY]
