Service -- Age of retirement - Challenge as to - Age of retirement was reduced from 60 years to 58 years by Company - Clause 17(7)(iii) of Standing Orders only enables company to continue any employee in service till he or she attains the age of 60 years subject to medical fitness at the end of each year - Said clause does not confer any right on employees to seek..........
Criminal Procedure Code, 1973, Section 439, 41A -- Bail - Non-compliance of the provision of S.41-A Cr.P.C, would entitle accused to be released on bail - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Delayed compliance of S.42 of the Act is acceptable - However, where there was a total non-compliance of S.42 of the Act, accused ought to be granted concession of regular bail...........
National Green Tribunal Act, 2010, Section 25 -- Execution of order passed by National Green Tribunal - NGT has power u/s 25 of the Act to execute its orders as decrees of a Civil Court...........
Environment -- Closure of power plants/units - Power plants are situated in an energy deficient State, which are in operation since 2015 - Closing of power plants would adversely affect power sector of State and which shall not be in larger public interest more particularly power deficient State - Appellant held, permitted to continue with the power plants subject to..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Provision of S.148 of the Act is mandatory - Contention rejected that appellate Court while granting bail, cannot make it subject to compliance of direction to deposit a part of compensation amount awarded by trial Court as provided u/s 148 of the Act...........
Commercial Courts Act, 2015, Section 12A -- Pre-institution mediation process - Non-compliance of S.12-A of the Act - Party cannot be non-suited for want of pre-institution mediation process where interim relief is prayed for...........
Civil Procedure Code, 1908, Order 21, Rule 84, 85 -- Auction sale - Auction purchaser did not deposit 25% of amount on the day he was declared purchaser - 75% of the amount not deposited as required U.O.21.R.85 CPC - There is non compliance of mandatory provisions O.21.Rr.84, 85 CPC - Sale vitiated...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Order declaring accused as proclaimed offender not passed in compliance of S.82(1) Cr.P.C. - Impugned order set aside - FIR u/s 174-A IPC quashed...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Affidavit disclosing assets and liabilities not filed by husband - Order granting maintenance to wife set aside - District Judge directed to re-decide the application subject to directing husband to file affidavits in compliance with judgment of Rajnesh and Neha and to decide the same afresh, preferably..........
