Digi - Legal Insights

Impugned Order discharging Petitioners from case filed by ACB, has attained finality and discharge by trial Court is an admitted fact on record hence, impugned ECIR and charge-sheet registered by Respondent No.2 qua Petitioners, deserves to be quashed. 

Long possession without animus and proof of adverse title does not confer ownership against State.

Voluntary undertakings by employee permit recovery of excess pensionary payments; no interference warranted.

Absence of valid adoption evidence disentitles person from exclusive share; partition modified to equal shares.

Transfer order vitiated by political interference and unexplained handwritten alterations; Tribunal rightly invalidated decision.

Termination of Anganwadi Madatnis illegal where no fraud or misrepresentation found and documents were duly verified; reinstatement directed.

Appointment to Group A post cannot be granted without fulfilling experience requirement; MPSC directed to finalize select list.

Termination for unauthorized absence is invalid when absence was due to employers illegal demand for undertakings; partial charges alone not sufficient.

Artificial breaks in service cannot defeat entitlement to old pension scheme when petitioner held substantive UGC post and was granted CAS benefits.

Employee cannot selectively accept parts of pension scheme after opting for it; scheme must be enforced as a whole.

Reinstatement and back wages denied when termination followed due process and employee was on extended probation without satisfactory performance.

Deemed conveyance application is maintainable despite res judicata plea; however, conveyance must exclude separately occupied structures and proportionate land.

Judgment passed by Additional Sessions Judge convicting accused for offence punishable under Section 302 of IPC and sentencing to undergo life imprisonment along with fine Rs.50,000/- is modified.

Applicant No.2 had no interaction that influenced the informants marital situation thus, proceeding with a trial based on vague allegations would constitute an abuse of legal process, same needs to be set aside.

Non-applicant No.1 along with her son is entitled to reside in shared household on first floor instead of on ground floor as described in application.

Unregistered agreement bars defendant from claiming protection under Section 53A; prohibition under Project Affected Act validates decree for possession.

Withholding Pension for Misconduct - Pension and gratuity can be withheld under Rule 9(1) of the CCS Pension Rules if misconduct is established.

Pension Recovery Due to Bank Error - Excess pension paid due to bank error cannot be recovered unless there is misrepresentation or fraud by the pensioner.

Pension and Gratuity in Service Laws - Unauthorized absence cannot lead to complete forfeiture of pension and gratuity if qualifying service is fulfilled under pension rules.

Dismissal of Complaint for Default - Dismissal of a complaint under Section 138 of the NI Act for default due to absence must follow due process; failure constitutes procedural lapse.