Motor Vehicles Act, 1988 – Compensation – Computation – Inclusion of allowances and perks – Future prospects @ 50% for age 27 – Deduction of income tax to follow slab rates, not flat 30% – Multiplier 17 – High Court’s reduction set aside – Compensation enhanced to ₹74,43,631 with 6% interest [Paras 3, 6, 11–16].
Motor Vehicles &ndash...
Service Law – Disciplinary Proceedings – Non-supply of Inquiry Report – Violation of Natural Justice – Rule 14, CCS (CCA) Rules – Petitioner removed from service on charges of misappropriation – Inquiry report not supplied before punishment – Later supplied on direction of appellate authority, yet petitioner failed to make representation – Held: Whil...
Service Law – Dismissal on Ground of Conviction – Effect of Probation – Section 12 of the Probation of Offenders Act – Appellant, a bank employee, convicted under Section 409 IPC for misappropriating Rs. 5000 meant for deposit – Though appellate court granted benefit of probation, employer dismissed appellant from service – Held: Grant of probation does not null...
Service Law – Promotion – Sealed Cover Procedure – Applicability – Departmental Promotion Committee (DPC) held on 09.06.2012 – No disciplinary proceedings pending or contemplated as on that date – Vigilance clearance already granted – Charge sheet issued only on 26.09.2012 – Held: Sealed cover procedure impermissible when no proceedings are pending o...
Service Law – Correction of Date of Birth – Bar under Punjab Civil Service Rules – Respondent sought correction of date of birth in service records from 27.03.1936 to 27.03.1938 based on University’s post-service amendment in matriculation certificate – Application made twelve years after entering service – Rule required such request within two years of joining ...
Service Law – Pension – Work Charged Service – Inclusion – Respondent had rendered long service as work charged employee under Government of Punjab before joining Punjab State Electricity Board (PSEB) – PSEB denied pension on ground that his Board service was under 10 years and prior State service was non-pensionable – Held: Once PSEB adopted State Government&rs...
Electricity Laws – Faulty Meter – Revised Electricity Bill – CT connection found to be defective by Board – Revised bill issued retrospectively without prior notice or opportunity of hearing – Clause 23 of Conditions of Supply required issuance of show cause notice – Held: Revised bill issued in violation of contractual and natural justice requirements – B...
Service Law – Dismissal of Bank Officer – Misconduct – Charges of misappropriating Rs. 16.48 lakhs by granting 20 loans against fictitious FDRs – Handwritten ledger entries showed disbursement to unrelated third parties – Respondent absconded from duty without charge handover after vigilance inquiry – Departmental inquiry held charges proved based on documentary...
Family Law - Child Custody – Interim Custody – Welfare of Child – Adulterous Relationship of Parent – Not Sole Criterion – Appeal filed by mother challenging interim custody granted to father under Section 12 of the Guardians and Wards Act – Family Court found prima facie evidence that appellant was in an adulterous relationship and failed to attend multiple hea...
Medical Education – Admission to Postgraduate Courses – In-Service Candidates – No Objection Certificate (NOC) – 2008 Prospectus required in-service doctors to submit NOC as per Government circular dated 13.05.1996 – Amendment dated 30.07.2007 enhanced bond period from 5 years to 10 years – Held: Since the 2008 Prospectus did not refer to the 2007 amendment, it ...