State Bank of India v. Ravindra Nath, 2019 (3) Scale 350 : (2019) 5 SCC 612

SUPREME COURT OF INDIA | Uday Umesh Lalit & Hemant Gupta, JJ. State Bank of India v. Ravindra Nath, C.A. No. 12367 of 2017 12-02-2019

Service Law - Reduction of Salary - Banking Service - Salary as well as perquisites are subject to change from time to time. Therefore, mere fact that the salary was changed subsequently, it will not confer any legally enforceable right in favour of the employee to challenge the same on the ground that the same is arbitrary or unjust.

Service Law - Reduction of Salary - Banking Service - Since, the salary has been fixed for all Officers of the Public Sector Banks in a non-discriminatory manner keeping in view the Cost of Living Index, the High Court erred in law in setting aside the reduction in salary.

For Appellant(s) Mr. Sanjay Kapur, AOR Ms. Megha Karnwal, Adv. Mr. Bharath Gangadharan, Adv. Mr. Kauser Husain, Adv. Ms. Shubhra Kapur, Adv.

For Respondent(s) Mr. S. C. Birla, AOR

2019 (3) Scale 350 : (2019) 5 SCC 612

Comments

Presumptions are the Bats of the Law, Flitting in the Twilight, but Disappearing in the Sunshine of Actual Facts [ORDER]

Negotiable Instruments Act, 1881 - Section 138 - failure on the part of the complainant to produce his account statement and absence of entry in accounts maintained by him regarding loan advanced to the accused, does show that there was no material to support the basic facts on which the entire case of the complainant was based. Sufficient material was available on record whereby the defence of the accused became probable. In such a situation, the presumption under the provisions of the Act ceased to operate and the burden fell upon the complainant to prove his case, which he failed to do by placing on record cogent evidence.

500+ Supreme Court of India Judgments on Motor Vehicles Act, 1988 with Head Notes & Citations

1. Mallamma (dead) By Lrs. Vs. National Insurance Co. Ltd. [07-04-2014]

Anticipatory Bail in Attempt to Murder Cases (Section 307 IPC) : What is Important to Note [Case Law]

Code of Criminal Procedure, 1973 - Section 438 - Grant of Anticipatory Bail - While considering the application under Section 438, the Court has to see the nature and gravity of the accusation and the antecedents of the applicant which includes whether he has been previously undergone imprisonment on conviction in respect of any cognizable offence, the possibility of the applicant fleeing from justice and whether the accusation has been made with an object of injuring or humiliating the applicant by having him so arrested. [Para 12]

FIRST LAW

Search This Blog