Digi - Legal Insights

Termination for unauthorized absence is invalid when absence was due to employers illegal demand for undertakings; partial charges alone not sufficient.

Artificial breaks in service cannot defeat entitlement to old pension scheme when petitioner held substantive UGC post and was granted CAS benefits.

Employee cannot selectively accept parts of pension scheme after opting for it; scheme must be enforced as a whole.

Reinstatement and back wages denied when termination followed due process and employee was on extended probation without satisfactory performance.

Deemed conveyance application is maintainable despite res judicata plea; however, conveyance must exclude separately occupied structures and proportionate land.

Judgment passed by Additional Sessions Judge convicting accused for offence punishable under Section 302 of IPC and sentencing to undergo life imprisonment along with fine Rs.50,000/- is modified.

Applicant No.2 had no interaction that influenced the informants marital situation thus, proceeding with a trial based on vague allegations would constitute an abuse of legal process, same needs to be set aside.

Non-applicant No.1 along with her son is entitled to reside in shared household on first floor instead of on ground floor as described in application.

Unregistered agreement bars defendant from claiming protection under Section 53A; prohibition under Project Affected Act validates decree for possession.

Dishonour of cheque - Magistrate erred in procedure by allowing accused to lead evidence without written waiver under Section 315 CrPC and directing affidavit evidence under Section 145 NI Act - Orders closing evidence quashed - Case remanded.

Dishonour of cheque - Complaints dismissed for non-prosecution though summoned witness not bound over - Magistrate erred in placing burden on complainant - Dismissal quashed - Cases restored for fresh trial - Appeal allowed.

 

Dishonour of cheque - Sessions Court vested with revisional powers under Sections 397 and 399 CrPC; dismissal of revision on preliminary ground improper - Denial of cross-examination opportunity held unjust - Order quashed - Petition allowed.

Withholding Pension for Misconduct - Pension and gratuity can be withheld under Rule 9(1) of the CCS Pension Rules if misconduct is established.

Pension Recovery Due to Bank Error - Excess pension paid due to bank error cannot be recovered unless there is misrepresentation or fraud by the pensioner.

Pension and Gratuity in Service Laws - Unauthorized absence cannot lead to complete forfeiture of pension and gratuity if qualifying service is fulfilled under pension rules.

Dismissal of Complaint for Default - Dismissal of a complaint under Section 138 of the NI Act for default due to absence must follow due process; failure constitutes procedural lapse.

Cheque Dishonor and Revision Jurisdiction - Concurrent findings by trial and appellate courts on cheque dishonor cannot be interfered with in revision unless jurisdictional errors are established.

Dishonor of Cheque under Negotiable Instruments Act - Delay in dispatching a demand notice beyond 30 days renders a complaint under Section 138 of the Act untenable.

Order of issuance of process set aside, as Magistrates order to take cognizance and issue summons is criticized for lacking reasoning and failing to show application of mind to allegations in complaint, rendering it contrary to Section 200 of CrPC.

Sessions Courts conviction based solely on sole eyewitness unreliable testimony is deemed flawed, as evidence of sole eyewitness is full of inconsistencies and is not corroborated by evidence of other witnesses or medical evidence.