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Service Matter – Assured Career Progression – Sole prerogative of the respondents

“Proclaimed Person” and “Proclaimed Offender” have distinct meanings. [PLRonline 216302]

Pleasure doctrine – Applicability – Nominated members continue only till the pleasure of the government – Municipality .

Motor Vehicles Act,  S. 173 – Pay and Recover  – Insurance Company exonerated – Appeal by claimants for making insurance company liable  – This Section empowers that any person can file Appeal so there is no need to consider who is aggrieved person – Appellants being  Claimants have right to file Appeal  – Though owner of offending truck has not challenged the impugned order, it cannot be said that the Claimants can’t challenge it – Order in appeal changed to Pay and Recover.

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887,   Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years..  [PLRonline 114800]

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of  the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

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Guardian and Wards Act, 1890, S. 7, 8, 10, 11 – Custody of child – Failure of the parties to arrive at a settlement - Consent order.

Court fees Act, 1870,  Section 7(iv)(c) - Ad valorem – A suit for declaration that the sale deeds executed by the plaintiff's father is null and void and for joint possession is not a suit for cancellation of the sale deeds and Court fees need not be paid on sale consideration

Home Punjab & Haryana

Service Matter – Assured Career Progression – Sole prerogative of the respondents

by Punjab Law Reporter
in Punjab & Haryana, Service Matter
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Service Matter – Assured Career Progression – Very object and purpose of ACP is purely with a view to ward off stagnation and is purely placing of an employee in the next higher pay-scale by granting special financial benefit which is purely on personal basis without having much relevance to the seniority and it is simiplicitor on the basis of “performance of an employee” which is guiding star for grant or denial of such an benefits – There are serious criminal charges resulting in conviction of the petitioner over the allegations of corruption criminal breach of trust forgery etc and which judgment of conviction still holds good it would be too preposterous for the petitioner to have ventured into this claim of seeking 14 years of ACP which is the sole prerogative of the respondents and the Court need not interfere in the same unless and until prima facie it is a case of gross miscarriage of justice.

 (2022-1)205 PLR 121,

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