Case Analysis V And Union Of India And Others Essay

CHAPTER V: CASE ANALYSIS KULDEEP GANDOTRA VS UNION OF INDIA AND OTHERS The respondent no. 2 proposed an allegation against the petitioner that as he had accepted the amount which was payable to him under the Voluntary Retirement Scheme, therefore, the principle of estoppel should be applied. Therefore the petitioner is not allowed or permitted to raise a question on the order dates 13th September 1993, in acceptance of his voluntary retirement. In order to give a justified judgment for this case, reference was made to three cases so that judgment of the Supreme Court can be noted. These cases were Bank of India and Ors. v. Pale Ram Dhania, Punjab National Bank v. Virendra Kumar Goyal and Ors, Punjab and Sind Bank v. S. Ranveer Singh Bava. If the controversy is looked at deeply and the issues that are raised, there are two main questions that crop up, the first question is whether, the acceptance of the request made by the petitioner for voluntary retirement was legal and whether it was valid and what would be the effects of the immediate withdrawal of the voluntary retirement. The second question was to analyze the effect of the receipt of the payments at the end of the petitioner that was payable for the voluntary retirement under protest. In order to get answers for the first question, it was obvious to refer to the case Bank of India and Ors. v. O.P Swarnakar and Ors and to the decision of the Supreme Court in this case. In the above mentioned case, the Supreme CourtShow MoreRelatedSupreme Court Standing On Section 497 Of Ipc. This Part1374 Words   |  6 Pagesfocused on three cases which are Yusuf Abdul Aziz v The State of Bombay and Husseinbhoy Laljee, Sowmithri Vishnu v Union of India and V. 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A CRITICAL ANALYSIS OF THE DECISION†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦................................05 IV. IMPLICATIONS THAT FOLLOWED THE JUDGMENT †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦................08 V. CONCLUSIONRead MoreRight of Lawyers to Strike in India: Ex Captain Harish Uppal V. Union of India3867 Words   |  16 PagesCAPT. HARISH UPPAL v. UNION OF INDIA: Exceptions to the Right to Strike Table of Contents TABLE OF CASES 2 TABLE OF STATUTES 2 Introduction: 3 Research methodology: 4 What is the right to strike and why do we need it? 5 Exceptions: 6 Case review 7 Issues: 7 Analysis: 8 Conclusion 11 Bibliography 13 TABLE OF CASES CASES: 1. Communist Party of India (M) v. Bharat Kumar, (1998) 1 SCC 201, (Supreme Court of India). 2. Ex- Capt. Harish Uppal v. The Union of India, (2003) 2 SCC 45Read MoreDoctrine of Repugnancy in India2797 Words   |  12 PagesREPUGNANCY IN INDIA ABSTRACT â€Å"The distribution of powers is an essential feature of Federalism. 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However, in this article I will mainly be focusing on the conflict of laws with regard to India. In India, there are three wings of the Government, namely, The Legislature, The Judiciary and the Executive. The legislature has the law making powers for the entire country. The legislature is further divided into the Centre and the State. Doctrine of