Court : Chennai Madurai
..... to interfere in case of suspension as it is in the exclusive domain of the competent authority who can always review its order of suspension being an inherent power conferred upon them by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case pending would be concluded after an unusual delay for ..... (prayer: writ petition filed under article 226 of the constitution of india, praying for issuance of a writ of certiorari, to call for the records relating to the original impugned order in reference no.sattam/sa3/9514/16, dated 9.12.2016 passed by the respondent and to quash the same as illegal, within the time contemplated in the provision of law ..... , 1986 (4) scc 481, and more so of the constitution bench in antulay, we are spurred to extrapolate the quintessence of the proviso of section 167(2) of the code of criminal procedure 1973 to moderate suspension orders in cases of departmental/disciplinary inquiries also. ..... we think this will adequately safeguard the universally recognized principle of human dignity and the right to a speedy trial and shall also preserve the interest of the government ..... in a case where no conclusion can be arrived at without examining the entire record in question and in order that the disciplinary proceedings may continue unhindered the court may ..... 1996 : (1996) 3 scc 157; and allahabad bank and anr. v. .....
Tag this Judgment!Court : Chennai Madurai
..... conducted as per notification no.401 of 2014 dated 14.10.2014 issued by the respondent.) 1. the tamil nadu public service commission issued notification no.18/2014 with advertisement no.401/2014 dated 14.10.2014 inviting applications only through on-line mode upto 12.11.2014 for appointment to the written examination for direct recruitment against the vacancies for several posts, namely, junior assistant, bill collector grade-i, typist, steno-typist grade-iii etc ..... . the tamil nadu public service commission, by issuing the notification no.18/2014 dated 14.10.2014, has invited applications only through on-line mode upto 12.11.2014 for appointment to the written examination for direct recruitment to various posts of junior assistant, typist, etc ..... . university of rajasthan 1993 supp ..... . university of rajasthan, m.v ..... . university of rajasthan ..... ., allahabad v ..... ., allahabad v ..... . fulfilment of conditions was mandatory and its proof could be directory ..... . it is, in our considered opinion, a clear error of law and an error apparent on the face of the record ..... . that is proof could be furnished till date of interview but not the eligibility to apply for the post ..... . it cannot act contrary to it .....
Tag this Judgment!Court : Chennai Madurai
..... in case of suspension as it is in the exclusive domain of the competent authority who can always review its order of suspension being an inherent power conferred upon them by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case pending would be concluded after an unusual delay for ..... scc 481, and more so of the constitution bench in antulay, we are spurred to extrapolate the quintessence of the proviso of section 167(2) of the code of criminal procedure 1973 to moderate suspension orders in cases of departmental/disciplinary inquiries also. ..... was found that the loan amount was waived for 19 survey numbers which were not found in the village records for the fasli 1424 and 1425 and further there is no records showing cultivation of plantain in saminatham and south veerapandiapuram village records maintained by the village administrative officer relating to fasli years 1424 and 1425. ..... petition filed under article 226 of the constitution of india, to issue a writ of certiorari to call for the records on the file of the 1st respondent in connection with the impugned order of suspension passed by him in na.ka.9892/ ..... we think this will adequately safeguard the universally recognized principle of human dignity and the right to a speedy trial and shall also preserve the interest of ..... (1996) 3 scc 157; and allahabad bank and anr. v. .....
Tag this Judgment!Court : Chennai Madurai
..... (prayer: writ petition is filed under article 226 of the constitution of india praying for the issuance of a writ of certiorarified mandamus, calling for the records of the firstrespondent to the order dated 03.12.2004 passed by the first respondent in i.a.no.80 of 2004 in i.d.no.116 of 1999 and quash the same consequently direct the 1st respondent to dispose of the i.d ..... . disapproving the practice of the corporation in filing of affidavits through advocate clerks, a learned single judge of the allahabad high court observed as follows: "this practice cannot be appreciated apart from the reason that it is showing discourtesy to the court as held by this court in the case law in ..... the purpose underlying rules 5 and 13 of order 11 of the supreme court rules is to enable the court to find out as to whether it would be safe to act on such evidence and to enable the court to know as to what facts are based in the affidavit on the basis of personal knowledge, information and belief as this is relevant for the purpose of appreciating the ..... as per section 2(7) of the advocates' welfare fund act, 2001, "vakalatnama" includes memorandum of appearance or any other document by which an advocate is empowered to appear or plead before any court, tribunal or ..... in bhavnagar university v.pali tana ..... such a mode of reasoning assumes that the law is necessarily a logical code, whereas every lawyer must acknowledge that the law is not always logical at ..... affidavit is a mode of placing evidence .....
Tag this Judgment!Court : Chennai Madurai
..... section 68 of the act lays down the mode of proof. ..... of the above, i consider it more appropriate among the two judgments of the learned trial judge and that of the learned first appellate judge to opt for the view, and conclusions and findings arrived at and recorded by the learned trial judge, which are more convincing, acceptable and keeping in tune with the settled proposition of law in the context of a peculiar case of the nature under consideration in this case. ..... of the above, i consider it more appropriate among the two judgments of the learned trial judge and that of the learned first appellate judge to opt for the view, and conclusions and findings arrived at and recorded by the learned trial judge, which are more convincing, acceptable and keeping in tune with the settled proposition of law in the context of a peculiar case of the nature under consideration in this case. ..... in the affidavit filed in support of the petition, the appellant has stated that since p.w.4 had violated the provisions of notaries act, 1952 and unlawfully taken part in the execution of impugned will dated 13.03.2005, he lodged a complaint to the secretary, law (administration) department, government of tamil nadu, chennai to take necessary action against p.w.4, the notary and that the state government had cancelled the certificate of practice issued to p.w.4 and debarred ..... radha devi and others reported in air 1989 allahabad 133, the division bench of allahabad high court held as follows: 38. .....
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