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Thursday, June 28, 2012

Building is "service". 2012 5 SCC 359

Sale of fully developed plots with assured facilities is "service"

Wednesday, June 27, 2012

a person convicted on charges of corruption should not be allowed to continue in service until his conviction is set aside by appellate court. The High Court in appeal has not stayed

Civil Misc. Writ Petition No. 66949 of 2010  (Allahabad) (2010 ILR 1278)

 
Constitution of India Art. 226-Revision of  Subsistence allowance-petitioner-after  conviction under 7/3 prevention of   corruption Act-during pendency of
appeal-granted bail-unless conviction  set-a-side not entitled for relief claimed. 
 
Held: Para 8  In our opinion, a person convicted on charges of corruption should not be  allowed to continue in service until his conviction is set aside by appellate court. The High Court in appeal has not stayed
the conviction of the petitioner. 

Every Tribunal has got inherent power to recall an order of DD is sufficient cause is shown

 

2012 (2) AWC 1984
Kesarwani Zarda Bhandar v. Subhash Chandra Kesarwani

Monday, June 25, 2012

Service of Process on wife is not good in law

Service of process on wife is not valid service in law under Order 5, Rule 15

2012 (3) ALJ 212 (Kishore Kumar Arora v. Harvindar )

Sunday, June 24, 2012

Notice is sufficient if not received due to house locked etc.

Notice to respondent - service of Address respondent managing to have the notices returned with postal remark "Not available in the house" house locked" and "shop closed" respectively- Held, Notice must be deemed to have been served on the respondents


1. State of M. P. Vs. Hiralal and Others, reported in (1996) 7 SCC 523.

2. Uttam Chand and Another Vs. 6th Additional District Judge, Jhanshi and Others, reported in 2000 (18) LCD 1090.

3. Fazal Ahmad Vs. K. N. Jain reported in 2000 (1) Allahabad Rent Cases 423 and 2000 (18) LCD 786

Thursday, June 21, 2012

Writ does not lie even against State for specific performance

2004 2 AWC1770
 
Ram Nagar Allottees Association v/s LDA

Charge in Disciplinary Inquiry if admitted need not be proved

2008(3)ALD103(SC), 3(2008)CLT140, [2008(117)FLR377], JT2008(4)SC51, (2008)IILLJ645SC, (2008)4MLJ116(SC), 2008(4)SCALE172, (2008)5SCC569, 2008(3)SLJ424(SC), (2008)2UPLBEC1041
 

Appellants: Chairman and MD V.S.P. and Ors.
Vs.
Respondent: Goparaju Sri Prabhakara Hari Babu