Balwinder Singh vs The Union Of India (Uoi) And Ors. on 23 September, 2004
Balwinder Singh's case deals with the effect of procedural lapses on part of the
Court while delivering punishment to the accused.
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1 - 10 of 13 (0.35 seconds)Central India Machinery Mfg. Co. Ltd. vs The State Of Madhya Pradesh And Anr. on 29 March, 1984
13. Learned counsel for the respondents places reliance on various
judgments where it has been held that no new plea can be taken when the same
was not agitated before the Trial Court. They are 'Central Indian Machinery
Manufacturing Co. Ltd. vs. State of M.P. and another' 1997(9) SCC 475,
'R.K.Khandelwal vs. State of U.P. and others' 1981 AIR (SC) 1673, 'M/s
BSN Joshi and Sons Ltd. vs. Nair Coal Services Ltd.' 2006(11) SCC 548
and 'Kishori Lal vs. Sales Officer, District Land Development Bank and
other' 2011(7) RCR (Civil) 233.
Mr. B.S.N. Joshi & Sons Ltd vs Nair Coal Services Ltd. & Ors on 31 October, 2006
13. Learned counsel for the respondents places reliance on various
judgments where it has been held that no new plea can be taken when the same
was not agitated before the Trial Court. They are 'Central Indian Machinery
Manufacturing Co. Ltd. vs. State of M.P. and another' 1997(9) SCC 475,
'R.K.Khandelwal vs. State of U.P. and others' 1981 AIR (SC) 1673, 'M/s
BSN Joshi and Sons Ltd. vs. Nair Coal Services Ltd.' 2006(11) SCC 548
and 'Kishori Lal vs. Sales Officer, District Land Development Bank and
other' 2011(7) RCR (Civil) 233.
Kishori Lal vs Sales Officer, District Land ... on 24 August, 2006
13. Learned counsel for the respondents places reliance on various
judgments where it has been held that no new plea can be taken when the same
was not agitated before the Trial Court. They are 'Central Indian Machinery
Manufacturing Co. Ltd. vs. State of M.P. and another' 1997(9) SCC 475,
'R.K.Khandelwal vs. State of U.P. and others' 1981 AIR (SC) 1673, 'M/s
BSN Joshi and Sons Ltd. vs. Nair Coal Services Ltd.' 2006(11) SCC 548
and 'Kishori Lal vs. Sales Officer, District Land Development Bank and
other' 2011(7) RCR (Civil) 233.
Avtar Singh And Ors vs Gurdial Singh And Ors on 4 December, 2006
14. Further reliance has been placed on judgments holding that
admissions are the best form of evidence against the maker such as 'Avtar
Singh and others vs. Gurdial Singh and others' 2006(12) SCC 552 and
'Mritunjoy Sett vs. Jadunath Basak (D) by Lrs' 2011 AIR SC (Civil) 1418.
Mrityunjoy Sett(D) By Lrs vs Jadunath Basak (D) By Lrs on 26 April, 2011
14. Further reliance has been placed on judgments holding that
admissions are the best form of evidence against the maker such as 'Avtar
Singh and others vs. Gurdial Singh and others' 2006(12) SCC 552 and
'Mritunjoy Sett vs. Jadunath Basak (D) by Lrs' 2011 AIR SC (Civil) 1418.
Nand Kishore Prasad vs State Of Bihar And Ors on 19 April, 1978
Judgments holding that departmental proceedings being quasi-judicial in
nature may not be interfered with by the Courts under writ jurisdiction are
'Nand Kishore Prasad vs. State of Bihar and others' 1978 AIR (SC) 1277
and 'G.P. Singh and others vs. Shanti Ranjan Sarkar' 1985 CriLJ 1695.
S.N. Mukherjee vs Union Of India on 28 August, 1990
Lastly reliance has been placed on 'S.N. Mukherjee vs. Union of India' 1990
AIR (SC) 1984 wherein it was held that administrative authority while
exercising quasi-judicial functions may not record reasons where the
requirement is dispensed with.
In Re: - Union Of India & Ors vs Uma Sankar Ghosh on 30 March, 2016
23. Even otherwise, awarding of major punishment of dismissal from
service is akin to economic death penalty for a delinquent employee and it has
to be resorted with extra caution. Not only it is loss of livelihood for the
employee, but the entire family is reduced to live in penury and made to suffer
consequences for rest of their lives. Owing to the stigma attached, it is
impossible for a person to get any employment elsewhere. Reliance can be
placed on Union of India & Ors. Vs. Sri Sankar Prosad Ghosh & Anr.
2008(5) SLR 170, wherein it has been held as under:-
State Of Himachal Pradesh vs Raja Mahendra Pal & Ors on 31 March, 1999
In this connection, a decision
of the Hon'ble Supreme Court rendered in the case of State
of Himachal Pradesh v. Raja Mahendra, reported in AIR
1999 SC 1786. may be remembered.