Digi - Legal Insights
SERVICE LAW
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Pension and gratuity
can be withheld under Rule 9(1) of the CCS Pension Rules if misconduct is
established.
SERVICE LAW
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Excess pension paid due
to bank error cannot be recovered unless there is misrepresentation or fraud by
the pensioner.
SERVICE LAW
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Unauthorized absence
cannot lead to complete forfeiture of pension and gratuity if qualifying
service is fulfilled under pension rules.
CRIMINAL LAW
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Furlough
for Convicts-Denial of furlough solely due to absence of a family undertaking
is unjustified.
CRIMINAL LAW
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Suspension of
Sentence Pending Appeal-Suspension of sentence during pendency of appeal
justified when the applicant has undergone a significant portion of
imprisonment.
CRIMINAL LAW
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Grant of Set-off for
Pretrial Detention-Convicts are entitled to set-off for pretrial custody under
Section 428 of CrPC; denial of such benefit is unjustified.
CRIMINAL LAW
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Classification of investigation
as A-Abated summary is invalid; it should be closed as abated due to the
accuseds death.
CRIMINAL LAW
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Quashing of FIR in
Settled Cases-If parties have settled their disputes amicably, continuation of
criminal proceedings will be an exercise in futility.
NEGOTIABLE INSTRUMENTS
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Dismissal of a
complaint under Section 138 of the NI Act for default due to absence must
follow due process; failure constitutes procedural lapse.
NEGOTIABLE INSTRUMENTS
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Concurrent findings by
trial and appellate courts on cheque dishonor cannot be interfered with in
revision unless jurisdictional errors are established.
NEGOTIABLE INSTRUMENTS
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Delay in dispatching a
demand notice beyond 30 days renders a complaint under Section 138 of the Act
untenable.
CRIMINAL LAW
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Permissibility of Additional Evidence - Documents not part of the original charge sheet cannot
be introduced during a trial unless included through supplementary
investigations.
SERVICE LAW
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Service benefits - Denial of benefits to
petitioners while granting the same to similarly situated employees is
arbitrary and violative of Article 14.
SERVICE LAW
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Recruitment process - High Court cannot act as
appellate authority over assessment made by expert selection committee in
recruitment process.
SERVICE LAW
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Recovery of dues at retirement - No rigid formula exists for
recovery of dues at retirement; timing of undertaking is a crucial factor.
SERVICE LAW
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Recovery of excess amount of provident fund -
No vested right exists to retain excess amount mistakenly paid from public
funds.
SERVICE LAW
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Recovery of excess amount - Recovery of excess
payment cannot be made unless misrepresentation or fraud by the employee is
established.
SERVICE LAW
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Maternity Benefits - Denial of benefit on
ground of temporary appointment is illegal and violative of statutory and
fundamental rights.
SERVICE LAW
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Absorption in service - Employee must
establish enforceable right to absorption in Government service after
retrenchment.
CRIMINAL LAW
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Quashing of FIR-Court
must go beyond FIR averments to detect mala fide motives and determine if
offence is prima facie made out.