Court : Supreme Court of India
Decided on : Apr-27-2006
Reported in : AIR2006SC2105; JT2006(5)SC154; (2006)IILLJ787SC; 2006(4)SCALE656; (2006)5SCC153; 2006(3)SLJ291(SC)
..... which had been finally laid to rest by this court. having examined the matter between the parties, this court had said by its order that the appellant's acts should be considered by a committee which did not include any of the officers who had been made respondents in the previous litigations. the general argument of institutional ..... respondent-bank and was considered by it during its meeting on 23.2.1984. in pursuance of the memorandum, the central board resolved that a departmental promotion committee act as the recommending authority for promotions to senior management grade scale v and above. thus, it is clear that the appellant's case for promotion between 1.8 ..... appeal nos. 1017- 18/1993 was disposed of by this court with the following three directions:1. ...no fresh enquiry shall be held against the respondent for the act or commission for which action was taken against him which resulted in reduction from rank in 1987. notice dated 28th december, 1992 shall stand withdrawn.2. the state .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-13-2006
Reported in : AIR2007SC458; 2007(1)ALLMR(SC)939; JT2006(10)SC375; 2006(12)SCALE203
..... its unaffiliated branch/school to any of the board's examination.(iii) if the board has reasons to believe that an affiliated school is not following the sub-section 1 & 2 of this section, the board may resort to penalties as prescribed hereunder.(iv) every affiliated school shall present a list of number of students and their particulars in respect of classes ..... secondary and senior secondary classes without providing support in terms of infrastructural facilities and also without adequate provision of qualified teachers. there were 30 sections in the school in classes ix to xii whereas there were only 40 sections from nursery to class viii. it was also found that the school had admitted students from other unauthorized schools and sponsoring the students .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-05-2006
Reported in : AIR2006SC1736; 2006CriLJ2120; JT2006(4)SC288; 2006(4)SCALE92; (2006)9SCC57
..... , however, not obliviously that in bishna @ bhiswadeb mahato and ors. v. state of west bengal reported in : air2006sc302 ], it was stated: for the purpose of attracting section 149 and/or 34 ipc, a specific overt act on the part of the accused is not necessary. he may wait and watch inaction on the part of an accused; may some time go a ..... murder of two persons must be considered.22. in our opinion, the high court committed a manifest error in invoking section 34 of the code. once it was held that the appellants were liable to be convicted only for their individual acts, the question was required to be addressed, in our opinion, differently. the high court failed to consider the question that ..... thereof.(b) if the appellants, in view of the findings of the high court, were liable for the individual acts, section 34 of the code could not have been invoked, particularly in view of the fact: (i) none of the appellants were armed.(ii) they were not aware as to whether .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-2006
Reported in : AIR2007SC976; 2006(12)SCALE559
..... not abuse of process, but is governed by substantially the same rules as the malicious prosecution of criminal proceedings.' 52 am. jur. 2d malicious prosecution section 2, at 187 (1970).the term 'malice,' as used in the expression 'malicious prosecution' is not to be considered in the sense of spite or ..... not necessarily signally ill- will towards a particular individual, but denotes that condition of mind which is manifested by the intentional doing of a wrongful act without just cause or excuse. therefore, the law implies malice where one deliberately injures another in an unlawful manner.malice means an indirect wrong motive.' ..... was lodged against him and others per alleged misconduct and commission of various offences. initially, the respondent no.1 was placed under suspension for alleged acts of misconduct while functioning as the superintending engineer, pending investigation drawal and disposal of the disciplinary proceedings against him. since no charge sheet was issued within .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-03-2006
Reported in : AIR2006SC1895; 2006(3)ALT87(SC); 2006(2)AWC2004(SC); (SCSuppl)2006(4)CHN39; 2006(2)CTC756; JT2006(4)SC321; (2006)2MLJ428(SC); 2006(4)SCALE17; (2006)9SCC515; 2006(1)LC455(SC
Altamas Kabir, J.1. One Mrs. Solomon Lazarus was the owner of Plot No. 85, Trustpuram Scheme, since re-numbered as No. 9, III Cross Street, Trustpuram, Kodambakam, Madras - 600024. She died on 27th November, 1983 at Madras leaving behind her surviving two daughters, namely, Mrs. Wood and Mrs. A.J. Francis and four sons, namely, Joseph Lazarus, Cecil Lazarus, Benjamin Lazarus and Thomas Lazarus. It appears that Mrs. Solomon Lazarus executed a Will dated 5th July, 1979 in the presence of witnesses, but the same was registered with the Sub-Registrar, Kodambakam, on 7th July, 1980.2. One of the sons of the deceased, Joseph Antony Lazarus applied for grant of probate of the Will on 18th October, 1984 and the same was numbered as O.P. No. 300/1984. In his application, the propounder did not disclose the names of any other persons having an interest in the estate of the deceased and consequently probate was granted to him on 18th October, 1984. One of the two daughters of the deceased, Mrs. A...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2006
Reported in : AIR2006SC2407; 2006CriLJ3272; 2006(4)SCALE591; (2006)9SCC414
..... service but not in the discharge of his duty and without any justification therefore then the bar under section 197 of the code is not attracted.... there must be a reasonable connection between the act and the discharge of official duty; the act must bear such relation to the duty that the accused could lay a reasonable (claim), but not ..... nature is concerned. for instance a public servant is not entitled to indulge in criminal activities. to that extent the section has to be construed narrowly and in a restricted manner. but once it is established that an act or omission was done by the public servant while discharging his duty then the scope of its being official should ..... of his service and that it should have been in discharge of his duty. the section does not extend its protective cover to every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of official duty. it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-12-2006
Reported in : AIR2006SC2145; JT2006(6)SC416; 2006(4)KarLJ449; 2006(6)SCALE23; (2006)9SCC630
..... to confer only same benefits. it is, thus, also not a case like transmission corporation, a.p. ltd. v. p. ramachandra rao and anr. : (2006)iillj824sc , where a section of the employees were excluded from being given the benefit of revised pension as they had retired prior to the cut-off date.16. the state while implementing the new ..... required to be discharged by the union of india in lieu of its taking over of the company. the rights of the employees (including retired) are protected under section 11 of the burmah oil company [acquisition of shares of oil india limited and of the undertakings in india of assam oil company limited and the burmah oil company ..... (india trading) limited] act, 1981.22. yet again, in state of west bengal and anr. v. w.b. govt. pensioners' associations and ors. : (2002)illj1081sc , this court stated the law in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-15-2006
Reported in : 2006(204)ELT517(SC); 2006(12)SCALE425
..... the circular dated 14.07.1994 and, therefore, the circular had no application to the facts of this case. he would further submit that under section 37b of the act, the board is empowered to issue instructions to central excise officers for the purpose of uniformity in the classification of eligible goods which instructions, are ..... required to be followed by such officers. however, under proviso a to section 37b, an exception is made. the said proviso states that the said instructions, orders ..... , under proviso b, such instructions shall not in the discretion of the commissioner of central excise (appeals), discharging appellate functions. in view of the proviso to section 37b, the said circular dated 14.07.1994 issued by the board was not applicable to the facts of the said case. therefore, he would submit the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : AIR2007SC199; [2006(111)FLR898]; [2007(3)JCR72(SC)]; 2006(10)SCALE362; (2006)10SCC572; 2007(2)SLJ1(SC)
..... by the appellant without considering the subsequent events. according to him, the disclosure statement made by mr. g.c. luthra subsequently on 19.7.2001 under sections 406/420 ipc should have been considered. this contention deserves to be rejected outright. the disciplinary enquiry was completed on 3.2.1998. the appellant was ..... proved misconduct of a bank officer. 13. in disciplinary authority-cum-regional manager v. nikunja bihari patnaik : (1996)iillj379sc this court held that a bank officer's acting beyond his authority constituted misconduct and no further proof of loss is necessary. in the case of regional manager, u.p. srtc. v. hoti lal : (2003 ..... nil balance. thus, sh. suresh pathrella had misappropriated an amount of rs. 10.00 lac without the consent and authority of the beneficiary. by his above acts sh. suresh pathrella has violated regulation 3(1) of oriental bank of commerce officer employees (conduct) regulations, 1982 which is punishable under officers' discipline and appeal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-05-2006
Reported in : AIR2006SC2228; [2006(110)FLR226]; 2006(5)SCALE434; (2006)9SCC650
..... . the case has a chequered history. we would, however, note the factual matrix of the matter, from c.a. nos. 2126-2127 of 2001. the appellant was appointed as a section officer, grade-i (elect.). he was promoted to the post of assistant engineer (elect.) on an ad-hoc basis on 5.2.1980. by a government order dated 30th september .....
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