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SUPREME COURT OF INDIA

Year of decision: 2017
Details

Service -- Dismissal - Misconduct - Accused was a driver and irregularity in issuance of tickets was committed by conductor - Findings of inquiry officer which were accepted by disciplinary authority and approved by appellate authority and Labour Court that respondent had committed misconduct in collusion with conductor, cannot be found fault with - Order of dismissal..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Service -- Dismissal - Non-supply of inquiry report prior to issuance of show cause notice - Disciplinary authority communicated the report of inquiry officer to respondent along with show cause notice - Order of dismissal passed after considering the explanation submitted by respondent - No prejudice was caused to respondent by non supply of inquiry report along with show..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Special Marriage Act, 1954, Section 36 -- Interim maintenance to wife - Wife with good income, not entitled for interim maintenance - Both husband and wife are earning and having good income - Merely because there is some difference in their respective income earned by them, interim maintenance cannot be granted - S.36 of the Act provides that Court can grant interim..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Special Marriage Act, 1954, Section 38 -- Interim Maintenance to daughter - Assessment of income - Husband produced income tax returns of the last 3 years showing his income to be around Rs.1,80,000/- p.a. - Held, income tax return do not reflect true income of parties and Court has to assess income on basis of documentary evidence - Profile of husband filed on Jeevan..........

BOMBAY HIGH COURT

Year of decision: 2017
Details

Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Conditions - Court is not expected to recover the amount in a criminal proceedings by putting condition to deposit money while granting bail...........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Section 100, 99 -- Second appeal - Suit for specific performance - Concurrent findings of both the Courts below regarding no, execution of agreement of sale, which was basis of suit is on record - Substantial question of law whether said agreement is admissible or inadmissible in evidence becomes irrelevant and will not affect the merits and..........

KERALA HIGH COURT

Year of decision: 2017
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that..........

ALLAHABAD HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 41, Rule 31 -- Appeal - Non-formulation of points of determination - It is mandatory for first appellate Court to have framed points of determination while deciding first appeal u/s 96 CPC - Since in the present case said requirement of law has not been fulfilled, first appellate Court committed illegality in not making compliance of..........

SUPREME COURT OF INDIA

Year of decision: 2017
Details

Service -- Departmental proceedings and criminal proceedings - Are two separate proceedings in law - Where enquiry held in departmental proceedings independently of criminal proceedings, acquittal in criminal Court is of no avail and departmental proceedings can still be held, as standard of proof required in domestic enquiry and that in criminal case are altogether..........

TELANGANA AND ANDHRA PRADESH HIGH COURT

Year of decision: 2017
Details

Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Plaint averments are decisive - Plaint averments whether real disclosure or pretended disclosure is premature for Court to go into though otherwise a stale claim can be rejected instead of allowing to put the ordeal of facing trial by the other side...........

Showing : 3331-3340 of 29538 Results