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    <title>2008 (10) TMI 651 - Supreme Court</title>
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    <description>A prior proceeding that was not decided on merits and later became infructuous did not create a res judicata bar. The dispute application under the Madhya Pradesh Co-operative Societies Act was barred by the mandatory 30-day limitation period, and the absence of any statutory power to condone delay meant the authority could not entertain it, even on the basis of a concession. A concession contrary to the statute could not confer jurisdiction or revive a time-barred claim. The order of removal from service was also not shown to be shockingly disproportionate, especially where the employee held a position of trust and the proved misconduct involved financial irregularities, so judicial review was not warranted.</description>
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    <pubDate>Mon, 20 Oct 2008 00:00:00 +0530</pubDate>
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      <title>2008 (10) TMI 651 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=181260</link>
      <description>A prior proceeding that was not decided on merits and later became infructuous did not create a res judicata bar. The dispute application under the Madhya Pradesh Co-operative Societies Act was barred by the mandatory 30-day limitation period, and the absence of any statutory power to condone delay meant the authority could not entertain it, even on the basis of a concession. A concession contrary to the statute could not confer jurisdiction or revive a time-barred claim. The order of removal from service was also not shown to be shockingly disproportionate, especially where the employee held a position of trust and the proved misconduct involved financial irregularities, so judicial review was not warranted.</description>
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      <pubDate>Mon, 20 Oct 2008 00:00:00 +0530</pubDate>
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