Criminal Procedure Code, 1973, Section 451 -- Release of goods - Applicant claimed ownership as well as legal possession of seized goods - Application rejected by Magistrate as well as by Sessions Judge on the plea that investigation was pending - Held, Magistrate was required to hold an inquiry to find out merit of claim - Deciding application in a summary manner without..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Court has vast powers to summon 'any person' as a witness or recall or examine any witness if already examined 'at any stage' of inquiry, trial or other proceedings...........
Sikh Gurdwaras Act, 1925, Section 69 -- SGPC Service Rules, Rule 4 - Termination from service by way of punishment for allegations of misconduct - Rule 4 of Service Rules proving that an employee of SGPC can be dismissed from service for bad character only after the charges of misconduct are established in an inquiry conducted by an inquiry committee - Without a finding in..........
Negotiable Instruments Act, 1881, Section 138, 145, 146, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Evidence on affidavit of complainant and bank's slip are sufficient for taking cognizance of the offence u/s 138 of NI Act - Nothing is required for inquiry or for directing investigation before taking cognizance...........
Service -- Disciplinary proceedings - Authority has to give some reason, which may be very brief, for initiation of the inquiry and conclusion thereof - It has to pass a speaking order and cannot be ipse dixit either of the inquiry officer or the authority...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 366A, 506, 120B -- Investigation by independent agency - Petition u/s 482 CrPC for issuing directions to respondent Nos.1 to 5 to conduct fair investigation and to arrest accused-respondents No.6 to 10 or to hand over the investigation to CBI or any other independent agency - Restricted..........
Central Civil Service (CCA) Rules, 1985, Rule 11, 16 -- Recovery from salary - During the course of employment as Driver the vehicle driven by petitioner met with an accident - In claim petition before MACT an Award passed for a sum of Rs. 13,39,268/ - - On the basis of Award letter written by Secretary (Health) Government of H.P. requested respondent No. 2 to make..........
Probationer -- Termination - Impugned order is termination simpliciter r passed during the period of probation of the petitioner, after giving him the salary in lieu of one month's notice period in accordance with the terms and conditions of appointment letter - Since neither the impugned termination order is stigmatic nor punitive and would not entail any..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on basis of possession - Findings recorded by Sub-Divisional Magistrate vide inquiry/status report during pendency of suit that defendants are in actual possession of suit land - Held, said report which was obtained during pendency of suit would carry no probative value - It cannot be relied to..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Electricity Supply Code, 2007 - Electricity theft - Raising of demand - It is alleged by respondent in his complaint that appellant No.2 made a demand of Rs.15,000/- as bribe from him when he refused to oblige he gave threats to him that he will put a heavy penalty of theft upon him - Rs.10,000/- given by..........
