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Smt. Ram Dulari Kaithwar Vs. Inspectress of Girls Schools and anr.
Allahabad
May-19-1960
ServiceConstitution
Constitution of India - Article 311(2)
AIR1961All64
- legality of termination - held, termination is perfectly valid and Article 311 does not get attracted. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.
Tag this Judgment! AI Brief & AskPalacharla Rama Rao Vs. the State of A.P. Rep. by Its P.P.
Andhra Pradesh
Dec-11-2001
Criminal
Code of Criminal Procedure (CrPC) - Sections 311, 313 and 482; Indian Penal Code (IPC) - Sections 34 and 307
2002(1)ALT(Cri)200; 2002CriLJ4189
just decision of case - summoning radiologist is not a lacuna sought to be filled by prosecution. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … proceedings dated 27-11-2001 issuing summons to Radioligist for giving his evidence and producing X-rays is in conformity with Section 311 of the Cr.P.C or not. Section 311 of the Cr.P.C reads as follows: 311. Power to summon material
Tag this Judgment! AI Brief & AskBalwant Raj Vs. the Union of India (Uoi)
Allahabad
Dec-01-1966
Service
Railway Establishment Code, 1951 - Rule 731(1); Constitution of India - Articles 37, 41 and 311
AIR1968All14; [1967(15)FLR36]; (1967)IILLJ363All
Article 37 empowers Court to understand the law with the help of instruction given in the principle. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … in service Before the trial court the appellant contended that he was entitled to the protection of Article 311 and as the Railway had not given a reasonable opportunity to show cause before terminating his services their
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Sangam Lal Dube Vs. Director of Education and anr.
Allahabad
Aug-16-1956
Service
Constitution of India - Article 311 and 311 (2); Uttar Pradesh Intermediate Education Act, 1921 - Sections 12(2); Uttar Pradesh Educational Code
AIR1957All70; (1957)ILLJ44All
to transfer him - held, opportunity should be given to the employee under Article 311 before transfer. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.
Tag this Judgment! AI Brief & AskLaxmi NaraIn Pande Vs. Dist. Magistrate and anr.
Allahabad
Apr-02-1959
ServiceConstitution
Constitution of India - Articles 226, 309, 310 and 311; Uttar Pradesh Government Servants Conduct Rules - Rules 3 and 23; Code of Criminal Procedure (CrPC) , 1898 - Sections 195(2) and 479A
AIR1960All55
these rules are unwritten code of conduct and are in addition to the Government Servants Conduct Rules. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … convicted, Government acquires the right to dismiss or remove him without even complying with the provisions of Article 311(2). But, Mr. Misra argued, unless he is convicted by the court, Government have no power to enquire into
Tag this Judgment! AI Brief & AskC.S. Sharma Vs. State of Uttar Pradesh and anr.
Allahabad
Apr-07-1960
ServiceConstitution
Constitution of India - Article 311 and 311(2); ;Civil Service (Classification, Control and Appeal) Rules - Rule 55(3)
AIR1961All45
India - held, status whether temporary or permanent does not make any difference in providing reasonable opportunity. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … founded on misconduct, negligence, inefficiency or other disqualification, then it is a punishment and the requirements of Article 311 must be complied with'.7. The learned Counsel for the petitioner has relied on Dr. K. Subba Rao. v.
Tag this Judgment! AI Brief & AskDwijendra Datt Saklani Vs. State of U.P.
Allahabad
Jul-28-1955
ServiceConstitution
Constitution of India - Article 311
AIR1956All10
India - failure to give rise to claim of compensation for termination of his old services separately. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … was a temporary employment and his services could, therefore, be terminated after giving him one month's notice. Article 311 of the Constitution did not apply to the case. 4. A preliminary point was raised by the learned
Tag this Judgment! AI Brief & AskUnion of India (Uoi) and anr. Vs. Girja Shanker and ors.
Allahabad
Jan-23-2003
ServiceConstitution
Constitution of India - Article 311(2)
2003(1)AWC791; [2003(96)FLR1094]
affects his future career -held, notice of termination without complying with provision of 311 (2) not sustainable. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag.
Tag this Judgment! AI Brief & AskRamesh Chandra Vs. State Government of Uttar Pradesh and ors.
Allahabad
Dec-23-1957
ServiceConstitution
Constitution of India - Articles 16, 311 and 311(2); Uttar Pradesh Government Servants' Conduct Rules
AIR1959All47
Magistrate not gone into merit of case - reasonable opportunity not provided - Order of dismissal quashed. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … he could not consider the question of merits at ail. The opportunity of showing cause contemplated by Article 311 is the opportunity after the issuing of the show cause notice and it is always open to a
Tag this Judgment! AI Brief & AskRaj Kumar Vs. State of U.P. and Others
Allahabad
Oct-11-2000
Service
Constitution of India - Article 311
2001(1)AWC149; (2001)3UPLBEC2043
Committee in compulsory retirement invalid - respondents directed to take petitioner back into service with all emoluments. - CANTONMENTS ACT[C.A. No. 41/2006]. Section 346 & Cantonment Fund (Servants Rules, 1937, Rules 13, 14 & 15: [H.L. Gokhale, Ag. … order several charges have been levelled against the petitioner and, therefore, the impugned order is violative of Article 311 of the Constitution of India and is liable to be quashed. In support, learned counsel for the petitioner
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