Author Archives

Advocatetanmoy

Advocate, adviser and educator

Smt. Bijoya Laxmi Parui & Ors Vs Dr Rajendranath Parui & Ors[CHC] – 14/6/2019

Second Appeal-370 days Delay Condoned on the ground that the learned advocate who was entrusted to prepare the memorandum of appeal advised that no appeal is required to be filed as the preliminary decree is not challenged before the Court. It is held that the lapses or negligence on the part of the advocate should not stand in the way of rendering substantial service to the litigant.

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Rajasthan State Roadways Transport Corporation Vs. Paramjeet Singh – 03/05/19

LABOUR LAW- The nature of the appointment was purely contractual for a period of one year or until the shortage of drivers was met, whichever was earlier. Moreover, the contract stipulates that the services of the respondent could be dispensed with without any notice.  The terms of the appointment indicate that the respondent was on a purely contractual appointment and that the services could be dispensed with without notice at any stage.

The Maharashtra Public Service Commission through its Secretary Vs. Sandeep Shriram Warade – 03/05/19

The essential qualifications for appointment to a post are for the employer to decide. If the language of the advertisement and the rules are clear, the Court cannot sit in judgment over the same. If there is an ambiguity in the advertisement or it is contrary to any rules or law the matter has to go back to the appointing authority after appropriate orders, to proceed in accordance with law. In no case can the Court, in the garb of judicial review, sit in the chair of the appointing authority to decide what is best for the employer and interpret the conditions of the advertisement contrary to the plain language of the same.

Tariff

Supreme Court in BSES Ltd. v. Tata Power Co. Ltd. (supra). This Court in the aforesaid decision has observed as under: “16. The word “tariff” has not been defined in the Act. […]

Innocuous order

Not Harmful Order Example : The order of compulsory retirement was an innocuous order and completely satisfied the principles as culled out in Baikunth Nath Das. He further submitted that the Division […]

Partition Act, 1893

Contents 1.Title, extent and saving 2.Power to Court to order sale instead of division in partition suits 3.Procedure when sharer undertakes to buy 4.Partition suit by transferee of share in dwelling house […]

Jyotirao Phule

11 April 1827 – 28 November 1890 By profession he was a businessman and Municipal contractor. He wrote following books in Marathi : लेखनकाळ साहित्य प्रकार नाव 1855 नाटक तृतीय रत्‍न 1869 […]