IMPORTANT DECISIONS IN ALLAHABAD LAW JOURNAL AUGUST PART Contract of insurance Accident occurred before policy became effective. Vehicle considered as not insured at time of accident. Insurer held not liable to indemnify liability of owner of vehicle.2013 (4) ALJ 513 . Res judicata Finding of small cause Court regarding title to property cannot operate as res judicata as it is only collateral or incidental finding recorded while deciding substantial issue. 2013 (4) ALJ 466 (SC) Contempt of court Contempt of Courts Act does not contain any provision for review of judgment. Review application in contempt proceedings not maintainable. 2013 (4) ALJ 726 (DB) Fair price shop dealer For compassionate appointment as fair price dealer on death of existing dealer, precondition is good reputation and fact that applicant was dependant of deceased-dealer. Appointment not governed by rules of reservation. 2013 (4) ALJ (NOC) 296 (All) (DB). Reservation Candidate being daughter of Class I Officer already received all amenities of education and opportunities and rose to status of socially advanced class .She would belong to Creamy layer and liable to be excluded from reservation category. 2013 (4) ALJ 506 (DB) Back wages In absence of finding that workman was not gainfully employed during period he was discharged, direction for payment of full back wages, not proper. 2013 (4) ALJ 504 Gratuity Employee, while in service had taken house loan and had executed loan agreement in which he consented for recovery of any outstanding amount from provident fund, gratuity or leave encashment upon cessation of his services. Employer justified in adjusting outstanding amount of loan from gratuity. 2013 (4) ALJ 485 Assistant Teacher Ad hoc appointment — Appointment made in contravention of procedure prescribed under Para 2 of U. P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order (1981) would be void ab initio. 2013 (4) ALJ 517 Ref: AIR- 2013
Posted on: Thu, 12 Sep 2013 12:22:49 +0000
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