Sunday, 6 December 2015

IMPORTANT DECISIONS

Admissibility of a document - Entirety dependent upon recitals contained in the document - Nomenclature given to the document is not decisive factor - Nature and substance of the transaction has to be determined with reference to the terms of the document. 2015(4) Civil Court Cases 578 (S.C.)

Adverse possession - Question of establishing settled possession does not arise in relation to the properties that already stood cleared of any structures by demolition of whatever stood on the same. 2015(4) Civil Court Cases 625 (S.C.)

Bail - Cancellation and annulment - Cancellation of bail can be on any kind of supervening circumstances or breach of any conditions imposed - Whereas annulment of order of bail is when Court granting bail has failed to take into consideration the relevant material factors which would make the order absolutely perverse and totally indefensible - In the instant case bail granted as many relevant factors not taken into consideration which includes criminal antecedents of accused, which makes the order a deviant one and the inevitable result is lancination of impugned order - Order granting bail set aside. 2015(4) Criminal Court Cases 293 (S.C.)

Illegal gratification - Failure to prove demand of illegal gratification is fatal to prosecution case. 2015(4) Criminal Court Cases 536 (S.C.)

Service - Illegal gratification - Dismissal from service on the basis of departmental enquiry - Acquittal in criminal case does not automatically give right to employee to be reinstated into service. (2015(3) Apex Court Judgments 489 (S.C.)

Service - Promotion cannot be denied on the basis of uncommunicated ACRs. (2015(3) Apex Court Judgments 393 (S.C.)

Service - Temporary employee - Cannot be allowed to continue in service when very purpose for which he was employed does not survive. (2015(3) Apex Court Judgments 500 (S.C.)

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