The short question is, whether the acceptance of a conditional offer with a further condition results in a concluded contract, irrespective of whether the offerer accepts the further condition proposed by the acceptor. The offer and acceptance of an offer must be absolute. It can give no room for doubt. The offer and acceptance must […]
Read more "Acceptor’s Condition"I am of opinion, views expressed by Rajasthan High Court, Gujarat High Court, Bombay High Court and Uttarakhand High Court, termed as ‘first view’, is correct and not views expressed by Allahabad and Madhya Pradesh, called as ‘second view’. [Hon’ble Justice S. Ravindra Bhat] Finally, we must say, steps indicated by High Court of Gujarat […]
Read more "Vertical and Horizontal Reservation"We will first discuss the scope of interference by a High Court in exercise of its Writ Jurisdiction with respect to disciplinary proceedings. State of Andhra Pradesh v. Chitra Venkata Rao, (1975) 2 SCC 557 reiterated the principles of State of Andhra Pradesh v. S. Sree Rama Rao, AIR 1963 SC 1723. “An error of […]
Read more "Writ Jurisdiction of High Courts II / The Revival of Ray LV"Commissioner of Police, New Delhi v. Mehar Singh, (2013) 7 SCC 685 while considering a case of antecedents verification, for appointment into Delhi Police Service, observed, a candidate wishing to join Police Force must be a person having impeccable character and integrity. In a case where candidates have been acquitted in a criminal case, it […]
Read more "Suitability of Candidate I"It is trite to say, often, a proposition of law as laid down in a case is as good as the facts of the case. We say so in view of the fact, matters of education must be left to educationists, of course subject to being governed by relevant statutes and regulations. It is not […]
Read more "Matters of Education I"“It is trite to say that there cannot be any inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is […]
Read more "Compassionate Appointment II"Pravin Kumar (‘Kumar’) joined the Central Industrial Security Force in January, 1995 as a Sub-Inspector. Eventually, he was deployed in the Crime and Intelligence Wing. As evidenced, Kumar was specifically entrusted with conducting surprise searches and taking strict action against anyone indulging in corruption. On 28.02.1999, Constable Ram Avtar Sharma (‘Sharma’) was commuting in a […]
Read more "Disciplinary Proceedings III"Muthukumar is said to be the kingpin involved in this crime and is absconding. Ashoo appears to be a victim of Muthukumar’s plot. The standard of proof in a departmental proceeding, being based on preponderance of probability, is somewhat lower than the standard of proof in a criminal proceeding where a case has to be […]
Read more "Disciplinary Proceedings II"“Magma General Insurance Company Ltd., (2018) 18 SCC 130 explained the concept of ‘consortium’. United India Insurance Company Ltd. v. Satvinder Kaur, (2020) SCC Online 410 reaffirmed the view. Three-Judge Bench further laid down, ‘loss of love and affection’ is comprehended in ‘loss of consortium’. Hence, there is no justification to award compensation towards ‘loss […]
Read more "Consortium II"When it comes to the penalty of blacklisting, the classic formulation of principles in regard to blacklisting have been laid down in Erusian Equipment & Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70. “Equality of opportunity should apply to matters of public contracts. An ordinary individual can choose not to deal with […]
Read more "The Revival of Ray XLIX"Gopal Prasad was appointed as Calligraphist-cum-Assistant of the Bihar School Examination Board on 20.05.1970, at about 15½ years of age. He may have been a minor, but certainly not a toddler. It is absurd that any rational employer, far less a statutory body, would appoint a toddler. The hypothesis of appointment of a toddler is […]
Read more "Referred to Larger Bench XXIII: Consequential Benefits of Gopal Prasad"“State of U.P. v. Sri Shyam Lal Sharma, (1971) 2 SCC 514 laid down various propositions regarding implication and effect of orders of compulsory retirement. “First, in ascertaining whether the order of compulsory retirement is one of punishment it has to be ascertained whether in the order of compulsory retirement there was any element of […]
Read more "Compulsory Retirement I / The Revival of Ray XLIII"“S. Ambika Devi entered into a tripartite agreement with M/s. Nandan Biomatrix Ltd. and its franchisee M/s. Herbz India. She purchased 750 kilograms of wet musli at the rate of Rs. 400/- per kilogram. M/s. Nandan Biomatrix Ltd was to buy back the produce at a minimum price of Rs. 1,000/- per kilogram. It […]
Read more "Harassment of Agriculturists"“The right to property [Article 31(1)] covers the right of a public servant to receive pension [Deokinandan Prasad, (1971) 2 SCC 330; D.S. Nakara, (1983) 1 SCC 305]. Even after the repeal of Article 31(1) [The Constitution (Forty-Fourth Amendment) Act, 1978 w.e.f. 20.06.1979] the right to receive pension has been held to be a right […]
Read more "Pension is Not a Bounty II"“It is settled law, State Government cannot be directed to provide reservations for appointment in public posts [C.A. Rajendran, (1968) 1 SCR 721]. Similarly, State is not bound to make reservation for Scheduled Castes and Scheduled Tribes in matters of promotions. However, if they wish to exercise their discretion and make such provision, State has […]
Read more "Reservation in Appointment/Promotion"“Erusian Equipment and Chemicals Ltd. v. State of West Bengal, (1975) 1 SCC 70 and Raghunath Thakur v. State of Bihar, (1989) 1 SCC 229 as well as Southern Painters v. Fertilizers & Chemicals Travancore Ltd., 1994 Supp (2) SCC 699; Grosons Pharmaceuticals (P) Ltd. v. State of U.P., (2001) 8 SCC 604 and B.S.N. […]
Read more "The Revival of Ray XXXV"“The circumstances under which an employee can withdraw the resignation tendered by him and what are the limitations to the exercise of such right, have been dealt by this Court in a number of decisions. It is well settled, normally, until the resignation becomes effective, it is open to an employee to withdraw his resignation. […]
Read more "Prospective Resignation"“Sitaram was functioning as Head Constable. A carbine was issued to him. It is alleged, on 18 February, 1998 at about 0945 hours, while he was cleaning the barrel of his loaded 9 MM carbine in the barracks, he did not remove the magazine and proceeded to clean the carbine carelessly. As a result, eight […]
Read more "Disciplinary Proceedings I"“Respondent who was working with State Bank of India at Puducherry was discharged from service for an offence involving moral turpitude. Whether an offence involves moral turpitude or not depends upon facts and circumstances. Ordinarily, tests that can be applied for judging an offence involving moral turpitude are: a) whether the act leading to a […]
Read more "Moral Turpitude II"“Learned Counsel relied upon Ranchhodji Chaturji Thakore, 1996 (11) SCC 603 and Jaipal Singh, 2004 (1) SCC 121 to contend, in case, criminal proceedings are initiated at behest of employer, and employee is acquitted, he would be entitled to claim full wages for the period he was kept out of duty during pendency of criminal […]
Read more "Back Wages II"
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