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Legitimate expectation

the decision-maker has properly balanced the legitimate expectation as against the need for a change, Punjab Communications Ltd. v. Union of India, (1999) 4 SCC 727. Legitimate expectation, is a latest recruit to a long list of concepts … Legitimate expectation, However, the more important aspect is whether the decision-maker can sustain the change in policy by resort to

Encumbrance

burdens the property, for ex-lease mortgage, easement restriction, covenant, rent charge etc., Business India Builders & Developers Ltd. v. Union Bank of India, AIR 2007 Ker 114. A claim or liability that is attached to property or some

In respect of

In the context of s. 23 (I-B) of Foreign Ex-change Regulation Act, the expression means 'being connected with', Union of India v. Vijay Chand Jain, AIR 1977 SC 1302 (1304): (1977) 2 SCC 405: (1977) 2 SCR … In respect of, the expression 'in respect of' means relating to, with reference to, Tolaram Relumal v. State of Bombay, AIR 1954 SC

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Ex cadre post

Matched in: Term Ex cadre post

Officiating continuously in a senior post

be construed as referring to the period of officiation subsequent to the date of substantive appointment, O.S. Singh v. Union of India, (1996) 7 SCC 37 (44). [I.P.S. (Regulation of Seniority) Rules, 1954] … Officiating continuously in a senior post, the ex-pression 'officiated continuously in a senior post' in Rule 3(3)(b) of the Seniority Rules is to be constructed to

Pension

which are enacted in exercise of power conferred by Articles 309 and 148(5) of the Constitution, D.S. Nakara v. Union of India, AIR 1983 SC 130: (1983) 1 SCC 305. Pension is not merely a statutory right but … provisions of the first schedule to the Act, after deducting therefrom such part, if any, thereof, but not exceeding in any case thirty-nine pounds, as is derived from any source other than earnings, do not exceed forty-nine

Damages

loss suffered and often, not always, a punitive addition as a deterrent-cum-denunciation by the law, organs, Chemical Industries v. Union of India, (1979) 4 SCC 573 (591). The compensation as fixed by the jury, or judge if the … money, of something lost or withheld, Divisional Controller K.S.R.T.C. v. Mahadeva Shetty, (2003) 7 SCC 197 (202). The expression 'damages' is neither vague nor over-wide. It has more than one signification but the precise import in a

Necessaries

at school or is supported by him: see Co. Litt. 172 a; Ryder v. Wombwell, (1868) LR 4 Ex. 32; Barnes v. Toye, (1884) 13 QBD 410; Roberts v. Gray, (1913)1 KB 520; and INFANT. Where 'necessaries,' … Ltd. v. Evans, 1927 AC 834. The term 'necessary' means what is indispensable, needful or essential, J. Jayalalitha v. Union of India, (1999) 5 SCC 138: AIR 1999 SC 1912 (1922). [Prevention of Corruption Act, 1988, s. 3(1)]

Interest

the due date. Essentially, it is compensatory and different from penalty which is penal in character, Pratibha Processors v. Union of India, AIR 1997 SC 138: (1996) 11 SCC 101. As observed by this Court in Dr. Sham … any agreement or otherwise; or (c) shall effect the damages recoverable for the dishonour of a bill of exchange.' 2. Sects. 28 and 29 of the (English) Civil Procedure Act, 1933, shall cease to have effect. For

Railway

20. 'Railway' includes 'steamer' but a jetty with but a steamer is not part of steamer, Mohammad Khaliluddin v. Union of India, AIR 1962 Pat 109 (112). [Railways Act, 1890, s. 3(4)] … to make such reasonable charges in respect thereof as they may from time to time determine upon, not exceeding the tolls by the special Act authorized to be taken by them. The section is permissive only, Johnson

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