Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 2(k), 49, 12 -- Juvenile - Bail - Accused contended that he was juvenile - Incident took place on 11.01.2007 - As per admit cards issued by the Bihar Madhyamik Pariksha Samiti, Patna, date of birth of accused 14.06.1990 - Held, accused was juvenile on the date of offence and his case covered under..........
Insurance Act, 1938, Section 64UM -- Surveyor - Appointment - Second Surveyor - The Surveyor/Surveyors are appointed by the insurance company under the provisions of Insurance Act and their reports are to be given due importance - One should have sufficient grounds not to agree with the assessment made by them - Under Section 64UM the insurance company cannot go on..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 113(a) -- Abetment to commit suicide by married woman - Presumption - Allegation that the accused used to ill treat his wife as he was suspecting her fidelity - No material sufficient to prove this allegation - Prosecution witnesses also did not support prosecution case - Held, presumption under Section..........
Industrial Disputes Act, 1947, Section 2(oo)(bb), 25H -- Retrenchment - Extension given to the petitioner on a specific stipulation that the reengagement was being done only till a regular employee was appointed - This stipulation specifically excepted under the proviso contained in Section 2(oo)(bb) - The workman cannot assert any right u/s 25 H of the ID Act - In order..........
Criminal Procedure Code, 1973, Section 210 -- Complaint case as well as FIR arising out of same incident - Police after investigation submitted report under Section 173 of the Code - Held, both the cases be clubbed and tried in a manner as prescribed for a case registered by the police...........
Indian Penal Code, 1860, Section 302, 304 -- Part II - Nature of offence - No intention on the part of accused that his action will cause death or such bodily injury as is sufficient in the ordinary course of nature to cause death of deceased - Case not covered under clause (4) of S.300 IPC - Case is covered under Section 304 Part II of IPC...........
Industrial Disputes Act, 1947, Section 2(oo), 25F -- Termination - Compensation in lieu of reinstatement - Plea of abandonment by the management not accepted - In the absence of any enquiry the order of termination for absence from duty without following the mandate of Section 25F of the ID Act held to be bad in law - From the date of termination till date two decades have..........
Electricity Act, 2003, Section 151, 154, 156 - - Theft of electricity - Power of police to investigate - Held, police has power to investigate theft of electrical energy by instituting an FIR - Offence of theft of electrical energy is a cognizable offence - Thus as per Ss.154 and 156 of the Code of Criminal Procedure, police has power to institute and investigate a..........
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g), East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, Section 18 -- Shamlat Deh - Land recorded as `Jumla Malkan Wa Digar Haqdaran Arazi Hasab Rasad', `Jumla Malkan' or `Mushtarka Malkan' - It is ownership of the proprietors of the village abadi - It vests in the Gram Panchayat only..........
Punjab Tenancy Act, 1887, Section 40 -- Order of ejectment - Land was leased out for a period of 20 years - As per the provisions of Section 40 of the Punjab Tenancy Act, 1887, lessees was liable to be ejected from the tenancy land on expiry of lease period - No payment towards damages for use and occupation of the land for a period of more than three decades - Order of..........
