AI Overview...
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Chance in Promotions and Career Progression - The likelihood of promotion during service is often limited and based on regular intervals, with some cases indicating stagnation at the maximum grade unless specific rules or schemes (e.g., Government Resolution dated 16.8.1994) allow for upward mobility. Recovery actions may be taken if employees fail to succeed in promotion cadre courses, especially after multiple chances, but procedural fairness and eligibility criteria are critical considerations. Bhavnaben Hiteshkumar Patel VS State of Gujarat - Gujarat, R. A. S. Yadav VS Union of India - Delhi, Lajjaram Mahor VS Union of India - Delhi
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Chance and Probability in Schemes and Schemes Based on Luck - Many schemes, particularly those involving small contributions or lotteries, are fundamentally based on chance. Publicity often creates false hope of large gains, but the actual benefit remains negligible for most participants. Such schemes have significant antisocial impacts due to their reliance on luck and misleading propaganda. State of Maharashtra VS Shivji - Crimes, State of Maharashtra VS Shivji - Bombay, State by Public Prosecutor VS V. M. Narayanaswami Mudaliar - Madras
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Legal and Procedural Aspects of Chance - In legal contexts, chance plays a role in cases involving recovery, notices, and property transfer. For example, in property transfer under S. 43 of the Transfer of Property Act, the chance of succeeding is distinguished from actual possession or certainty. Similarly, recovery of narcotic substances sometimes involves chance recovery, where no notice under Section 50 of the Narcotic Drugs & Psychotropic Substances Act is necessary when recovery occurs from a bag rather than a person. Jumma Masjid, Mercara VS Kodimaniandi-a Deviah - Supreme Court, Pritam Singh VS State Of Haryana - Punjab and Haryana
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Analysis and Conclusion - The concept of chance permeates various domains, from employment promotions and financial schemes to legal procedures and property rights. While chance introduces elements of uncertainty and luck, legal frameworks emphasize procedural fairness and clear criteria to mitigate arbitrary reliance on chance. Schemes based solely on luck tend to have negative social impacts, and legal cases often scrutinize whether chance was appropriately considered or whether procedural safeguards were maintained. Overall, chance is a significant factor but must be balanced with rules and fairness to prevent misuse and injustice.
Search Results for "Chance Rercovery"
2022 0 Supreme(Guj) 30 • India - Gujarat
BIREN VAISHNAV
or limited chance of promotion during his service then only at the regular interval he is entitled to the higher grade scale. ... or limited chance of promotion during his service then only at the regular interval he is entitled to the higher grade scale. ... contention is also raised that combined reading of Rule 1983 CDPO Recruitment Rules and 1989 CDPO Recruitment Rules when read with the Government Resolution dated 16.8.1994 of the Finance Department, would indicate that a person is not stagnated at the maximum stage in the grade and if there is no #HL....
• India - Crimes
V.A.MOHTA, N.W.SAMBRE
They are persuaded by means of irresistible propaganda and publicity to believe that they stand a chance of getting a fortune by making small periodical contributions. ... They are reduced to believe by blare of glittering publicity and the dangling of astronomical amounts that they stand a chance-in practice, negligible of getting a huge fortune by making petty periodical payments. ... Thus their structure is based a chance and one cannot be guided merely by a facade. These schemes thus have a great antisocial impact. Many times people n....
1987 0 Supreme(Bom) 368 • India - Bombay
V.A.MOHTA, N.W.SAMBRE
They are persuaded by means of irresistible propaganda and publicity to believe that they stand a chance of getting a fortune by making small periodical contributions. ... They are reduced to believe by blare of glittering publicity and the dangling of astronomical amounts that they stand a chance-in practice, negligible of getting a huge fortune by making petty periodical payments. ... Thus their structure is based a chance and one cannot be guided merely by a facade. These schemes thus have a great antisocial impact. Many times people n....
2013 0 Supreme(Del) 2529 • India - Delhi
GITA MITTAL, DEEPA SHARMA
This amount is then recovered as the employee was unsuccessful in the promotion cadre course in the second chance. ... uprgadation for this period - This amount is recovered as the employee was unsuccessful in the promotion cadre course in the second chance ... with their recovery action. ... In this case, although the petitioner submitted his unwillingness for undertaking PCC in the first chance and failed to clear the course in the second chance, the respondents would not have then deprived him of the....
2024 Supreme(Online)(DRAT) 323 • India - Debt Recovery Appellate Tribunal
MR. JUSTICE ANIL KUMAR SRIVASTAVA, CJ
... ... Ratio Decidendi: The court ruled that while there was no error apparent on the record, the Bank should be given a chance ... dismissed by the DRT, where the Bank failed to produce documents proving compliance with auction sale notice requirements due to a change ... Learned Counsel for Appellant would submit that due diligence was exercised by the Bank but due to change of the account in the branch from the Main Branch of ARM to ARMB, the documents could not be traced out although Sale Notice was duly affixed on the secured asset....
1981 0 Supreme(Mad) 528 • India - Madras
M.N.MOORTHY
The element of chance plays a predominant role in this scheme. Only a few lucky subscribers benefit from the scheme and they get more than the other subscribers and this is decided by lots which is nothing but a pure chance. ... Encyclopaedia Britannica defines "lottery" as a scheme or procedure for distributing something (usually money or prizes) among a group of people by lot or chance. Lottery is generally defined as a hazard in which such (sic) lots are ventured for a chance of obtaining a greater value. ... The term....
1999 0 Supreme(Pat) 1037 • India - Patna
NAGENDRA RAI, M.L.VISA
Corporation acted fairly and honestly in not releasing the remaining loan amount, as there was a likelihood of misappropriation and no chance ... of recovery. ... of recovery. ... of recovery of loan. ... of recovery of loan or not. ... counsel for the appellants submitted that the Corporation after having come to know about the misappropriation of the earlier amount given to the Association has decided not to release the remaining amount of loan as there is every likelihood that the amount will be misa....
2013 0 Supreme(Del) 1438 • India - Delhi
GITA MITTAL, DEEPA SHARMA
The recovery of pay and allowances should be in line with the three chances provided for PCC, and the restoration of financial upgradation ... Scheme - 12 years of service - 12 years from date of appointment to a post without promotional financial benefit - PCC - Three chances ... Ratio Decidendi: The completion of PCC does not change the date of appointment or promotion for entitlement to financial benefits ... This amount is then recovered as the employee was unsuccessful in the promotion cadre course in the first #HL....
1962 0 Supreme(SC) 3 • India - Supreme Court
T.L.VENKATARAMA AYYAR, M.HIDAYATULLAH, J.C.SHAH, J.L.KAPUR
The contention on behalf of the appellant is that S. 43 must be read subject to S. 6 (a) of the Transfer of Property Act which enacts that "The chance of an heir apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman or any other mere possibility of a ... In rejecting this contention, the Court observed :- ... "This argument, however, neglects the distinction between purporting, to transfer the chance of an heir-apparent , and erroneously representing that he (the transferor) is authorise....
2010 0 Supreme(P&H) 1300 • India - Punjab and Haryana
HARBANS LAL
(C) Narcotic Drugs & Psychotropic Substances Act, 1985, S.18 and 50--Chance ... Recovery--Notice--Recovery of opium from polythene bag--No notice under section 50 of the Act required to be served being not a ... case of personal search as recovery effected from bag. ... The instant one is also a case of chance recovery. ... Thus, on viewing the matter in the backdrop of Bharatbhai Bhagwanjibhais case(supra), it turns out that the notice under Section 50 of the Act was not required to b....
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