See 2012 2 ADJ 115
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Wednesday, February 22, 2012
Contractual appointment
Director, IMD, UP v. Pushpa Srivastava, AIR 1992 SC 2070 - appointment made for a fixed term comes to an end by efflux of time after expiry of the period of appointment. There is no question of termination of service after expiry of the aforesaid period since the incumbent has no right to continue in the absence of an order of appointment after such period.
Consequential order alone challenged without challenging the original order - writ not maintainable
2011 (29) LCD 610
Paritosh Singh v. State of UP
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Tuesday, February 21, 2012
When can officers be summoned by High Court
The law on this aspect has been discussed in
2011 (29) LCD 1678 (Supreme Court)
Power of Attorney holder can depose
2011 (29) LCD 1087 - POA holder can depose provided he has been authorized in respect of the matters in issue and he has personal knowledge of the matters. Distinguishes and advances Bhojnani decision
Monday, February 13, 2012
Stay while appeal is pending
In Mool Chand Yadav v. Raza Buland, (1983) 1 LCD 109 (SC), the Hon'ble Supreme Court has held that recovery proceedings are to be stayed pending an appeal, and as such unless the same is done the appeal may be rendered nugatory. The same is an oft quoted principle, and has consistently been followed by the courts such as in Radha Rani Cold Storage v. UP State Cold Storage, (2009) 27 LCD 1391 (DB) and in Ram Lochan v. Addl Comsr, (2010) 29 LCD 1422
Sunday, February 12, 2012
Benefit of judgment to similarly placed persons who could not approach court due to lack of funds etc
2011 2 SCC 240
2011 8 SCC 108
2011 8 SCC 108
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Identical matters identical treatment
Similar matters similar treatment
2011 5 SCC 305
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2011 5 SCC 305
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