Latest

Judicial restraint – Practice of summoning officers , deprecated

Evidence – Departmental proceedings – Suspicion or presumption cannot take the place of proof even in a domestic enquiry.

Sarfaesi – No proceeding U/s 13(4) – Writ maintainable – Overcharging of interest by Bank – Sarfaesi set aside – NPA could not be continued if account was regularised. [2022 PLRonline 0594]

SC issues notice to RBI a. qua handing over of loan documents b. change in RATE OF INTEREST applicable to loans c. furnishing yearly STATEMENT OF ACCOUNTS to account holders

CrPC S. 391, 311 – NIA S. 138 – Leading additional defence evidence and re-calling the respondent/complainant for cross-examination. [2019 PLRonline 3507]

MVA – Criminal case – Acquittal in a criminal case – Effect on claim petition

Decree – Setting aside exparte decree – Knowledge – applicant must have knowledge not merely that a decree has been passed by some Court against him, but that a particular decree has been passed to against him in a particular Court in favour of a particular person for a particular sum. [1967 PLRonline 0001 (SC)]

Companies Act, 1956 Section 81 , 441, 629A – Tribunal (NCLT) has all the powers to compound all the offences irrespective of any pecuniary limit. [2023 PLRonline 0112]

SARFAESI – High Court u/s 482 Cr.P.C can not quash Order passed under S. 14 of the SARFAESI ACT – Any remedy against such order can be availed only under the SARFAESI ACT, 2002. [SupremeCourtOnline 456603]

Right to Information Act – Duty of public authorities – Direct that the Central Information Commission and the State Information Commissions – Shall continuously monitor the implementation of the mandate of Section 4 of the Act as also prescribed by the Department of Personnel and Training in its Guidelines and Memorandums issued from time to time.

IPC S. 498A – Cruelty – Non-providing of proper medical aid is cruelty. [ 2023 PLRonline 419673]

Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]

NIA S. 148 – CrPC S. 389 – Condition of deposit when an accused applies for suspension of sentence under Section 389 – Typically, the accused applies for relief without any conditions – If a blanket order is sought, the court must determine if the case falls under the exception of Section 148 – Impugned orders have been set aside. [(2023-3)211 PLR 260 (SC)]

MVA S. 163-A – U/s 163-A compensation is payable to a third party only – Deceased borrower of the vehicle cannot be considered a third party – Allowed Additional Personal Accident Cover as premium was paid. [(2023-3)211 PLR 228]

Service Matter – Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 – Promotion. [ 2023 SCeJ 0336]

Login
Register

PLRonline.in

Evidence - Departmental proceedings - Enquiry officer is not permitted to collect any material from outside sources during the conduct of the enquiry.

Departmental proceeding is a quasi-judicial proceeding

Home Service Matter

Evidence – Departmental proceedings – Suspicion or presumption cannot take the place of proof even in a domestic enquiry.

in Service Matter

Share on Telegram Share on Twitter Share on Whatsapp Share on eMail

Related Posts

Service Matter – Uttar Pradesh Subordinate Offices Ministerial Group “C” Posts of the Lowest Grade (Recruitment by Promotion) Rules, 2001 – Promotion. [ 2023 SCeJ 0336]

Practice and Procedure

Service matter – Specific Relief Act S. 14 – Enforcement of a contract of personal service – If the statute/statutory rules applies, courts can declare termination null and void and order reinstatement – However, if the relationship is purely contractual, the contract of personal service will not be specifically enforceable [2008 SupremeCourtOnline 0005]

Limitation Act, 1963

Service matter – Vigilance Commissioner’s report which formed part of the report of the enquiry and which was taken into consideration by the disciplinary authority was not supplied to the employee – Omission has vitiated the order of dismissal – Limitation Act. [1994 SupremeCourtOnline 0007]

Leave a Reply Cancel reply

Login
Sign Up

×

Click for support Team PLRonline