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Thursday, October 21, 2021

granting the benefit of pension - when the appellant made claim for the pensionary benefits by taking into consideration and reckoning the service of 10 years rendered by the appellant between 05.02.1974 to 31.05.1984 in the Telecom Department which was service under the Central Government. The Accountant General, by the communication dated 26.07.2006 however informed that since the break between the Central Service and State Service is nearly three years, unless the same is condoned by the State Government, the Central Service cannot be reckoned as qualifying service for pension.=the KAT had taken note of the entire sequence and had rightly noted that the issue had not been settled and not reached finality in the case of the appellant since his review petition dated 17.09.2014 against the order dated 25.07.2014 was still pending when the Government Order dated 24.09.2014 was issued. The said 12 Government Order in para 2 has taken note of the several requests received to reckon the prior qualifying service. Further, the main aspect of reckoning the service rendered in Central Government for pensionary benefit after joining State Government service was given effect through the Government Order dated 12.11.2002 and 06.12.2003 i.e., when the appellant was still in State Government service and had not retired. The issue of condoning the break i.e., the sandwich period was claimed immediately on retirement and it was still being agitated. The review was rejected on 21.05.2015 only after the Government Order dated 24.09.2014 was issued granting the benefit of condoning the break.

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                                                                 REPORTABLE    IN THE SUPREME COURT OF INDIA    CIVIL APPELLATE JURISDICTION...

No anticipatory bail =It is clear from the above decision that if anyone is declared as an absconder/proclaimed offender in terms of Section 82 of the Code, he is not entitled to the relief of anticipatory bail.-Even in the case of a business transaction also there may be offences under the IPC more particularly sections 406, 420, 467, 468, etc. What is required to be considered is the nature of allegation and the accusation and not that the nature of accusation is arising out of a business transaction. At this stage, it is required to be noted that respondent No.2 ­ accused has been charge­sheeted for the offences punishable under sections 406 and 420, etc. and a charge­sheet has been filed in the court of learned Magistrate Court.

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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1209 OF 2021 PREM SHANKAR PRASAD             .. ...
Wednesday, October 13, 2021

As per the judgment of Perumon Bhagvathy Devaswom (supra), the Court, while dealing with the issue of condonation of delay in respect of matters pending at the appellate stage, has clearly observed that advocates usually inform the litigants who are to be in contact. Sometimes, they assure their clients that will give information to them as and when matter would be ripe for hearing. Considering the aforesaid aspect and taking a lenient view, we are of the considered opinion that the High Court erred in dismissing the second appeal solely on the ground of limitation. Therefore, the impugned judgment and order of the High Court is set­aside.

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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6315 OF 2021 (ARISING OUT OF SPECIAL LEAVE PETITION (...

whether in an appeal/application filed under Section 34 of the Arbitration & Conciliation Act, 1996 read with Section 19 of the MSME Act, 2006, the appellate court would have any discretion to deviate from deposit of 75% of the awarded amount as a pre-deposit?

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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6252 OF 2021 Gujarat State Disaster Management Author...

Insofar as the charge alleged against the appellant under Section 506 of IPC, it is noticed that the charge alleged against the appellant is that on the date referred to i.e 02.08.2013, the appellant threatened to kill the prosecutrix, the daughter of the complainant and therefore had committed the offence which is punishable under Section 506 IPC. In respect of the said charge we do not find that there is any supporting evidence except the vague statement of the prosecutrix in her evidence as PW­3 that whenever she shouted when he had attempted to have sexual acts with her, the appellant had threatened her not to say anything to anyone as otherwise he would kill her. There is no other statement or evidence relating to the incident or the manner in which the threat in its true sense was put forth.-In the result we make the following order: ­ (i) The conviction and sentence under Section 363, 366, and Section 4 of POCSO Act is confirmed. The conviction under Section 506 IPC is set aside.(ii) The conviction order made by the trial court and confirmed by the High Court under Section 376 D IPC is modified. The appellant is instead convicted under Section 376 IPC and is sentenced, for the period undergone. The fine and default sentence as imposed by the trial court shall remain unaltered. (iii) Since the custody certificate dated 20.09.2013 indicates that the appellant has undergone sentence for more than 8 years, the appellant is ordered to be released on payment of fine as all the sentences have run concurrently and if he is not required to be detained in any other case. (iv) The appeal is accordingly allowed in part.

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                                                           REPORTABLE    IN THE SUPREME COURT OF INDIA    CRIMINAL APPELLATE JURISDICTION   ...