Direction issued for implementation of COTPA

(2013) 10 SCALE  Health for Millions v. Union of India & Ors,

 

Direction issued to Central Government and State Government to rigorously implement the 2003 Act and 2004 Rules.

Cancellation of Promotion After 11 Years

Kusheshwar Nath Pandey v. State of Bihar, (2013) 10 SCALE 227

 

The appellant was not at all in any way at fault. It was time bound promotion which was given to the Appellant. In absence of any fault of the Appellant, the promotion granted by the Respondents cannot be cancelled after 11 years.

Vesting of Right of Appointment (Compassionate)

SBI v. Raj Kumar, (2010) 11 SCC 661

MGB Gramin Bank v. Chakrawarti Singh, (2013) 10 SCALE 223

 

As the appointment on compassionate ground may not be aimed as a matter of right  nor an applicant becomes entitled automatically for appointment, rather it depends on various other circumstances, i.e. eligibility and financial conditions of the family, etc. the application has to be considered in accordance with the scheme.

 

Presumption of Delivery by Registered Post

Coal India Ltd. v. Ananta Saha, (2011) 5 SCC 142 at page 154

23. Similarly, we find no force in the submission made by the delinquent that he did not participate in the disciplinary proceedings and did not make any comment on receiving the enquiry report along with the second show-cause notice as the notices had not been served upon him in accordance with law. The second show-cause notice and the copy of the enquiry report had been sent to him under registered post. Therefore, there is a presumption in law, particularly, under Section 27 of the General Clauses Act, 1897 and Section 114, Illustration (f) of the Evidence Act, 1872 that the addressee has received the materials sent by post. (Vide Greater Mohali Area Development Authority v. Manju Jain [(2010) 9 SCC 157 : (2010) 3 SCC (Civ) 639 : AIR 2010 SC 3817] .)

 

Non Return of AD Card or undelivered

M. Ramjayaram v. GM, South Central Railway, (1996) 8 SCC 266 at page 267

2. Though notice has been sent to Respondents 1 to 5, it has been served only on Respondents 1 to 4. In respect of the 5th respondent, neither AD card nor unserved letter has been received back. In the circumstances, notice must be deemed to have been served on the 5th respondent. They are not appearing either in person or through counsel.

 

Pre Litigation Mediation

K. Srinivas Rao v. D.A. Deepa, (2013) 5 SCC 226 at page 242,

“46.3. All mediation centres shall set up pre-litigation desks/clinics; give them wide publicity and make efforts to settle matrimonial disputes at pre-litigation stage.”

 

Order without jurisdiction is a nullity

Hasham Abbas Sayyad v. Usman Abbas Sayyad, (2007) 2 SCC 355 at page 363

22. The core question is as to whether an order passed by a person lacking inherent jurisdiction would be a nullity. It will be so. The principles of estoppel, waiver and acquiescence or even res judicata which are procedural in nature would have no application in a case where an order has been passed by the Tribunal/court which has no authority in that behalf. Any order passed by a court without jurisdiction would be coram non judice, being a nullity, the same ordinarily should not be given effect to. [See Chief Justice of A.P. v. L.V.A. Dixitulu[(1979) 2 SCC 34 : 1979 SCC (L&S) 99 : AIR 1979 SC 193] and MD, Army Welfare Housing Organisation v. Sumangal Services (P) Ltd. [(2004) 9 SCC 619] ]