Industrial Disputes Act, 1947, Section 2(oo),(bb), 25F -- The employment was for a specific project - The order of the High Court proceeded on the basis that because there was non-compliance with the requirements of Section 25-F - The basic question relating to applicability of Section 2(oo) (bb) of the Act has been completely lost sight of - Matter remitted to the..........
Indian Penal Code, 1860, Section 85 -- Three propositions as regards the scope and ambit of Section 85 IPC are : (i) The insanity whether produced by drunkenness or otherwise is a defence to the crime charged; (ii) Evidence of drunkenness which renders the accused incapable of forming the specific intent essential to constitute the crime should be taken into account with..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 20 -- Enlargement of time - Rescission of agreement to sell - Suit for specific performance decreed by Trial Court - One month time specified for the execution of sale deed by judgment debtor in favour of decree holder on receipt of balance sale consideration - Delay of 4 days in deposit of balance..........
Specific Relief Act, 1963, Section 28 -- Specific performance - Extension of time to pay balance sale consideration - Court which passed decree has jurisdiction to extend time to deposit balance sale consideration even when there was a direction in the decree to deposit the balance sale consideration within stipulated time and that on failure to deposit, the suit to stand..........
Specific Relief Act, 1963, Section 28 -- Nature of powers - Recession of contract - Decree in a suit for Specific Performance - The powers u/s 28 of the Act is discretionary - The court can not ordinarily annul the decree once passed by it - Although the power to annul the decree exists yet Section 28 of the Act provideds for complete relief to both the parties in terms of..........
Specific Relief Act, 1963, Section 28 -- Extension of time - Discretion of Court - The Court does not cease to have the power to extend the time even though the trial Court had directed in the decree that payment of balance price to be made by certain date and on failure suit to stand dismissed - The power exercisable under this section is discretionary...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Court to carry out proper verification before issuing process - Verifications required are : (1) Verification of a complaint on oath which should be in a proper manner i.e. all the facts necessary to constitute the offence must be borne out from the verification; (2) If Company then person representing..........
Civil Procedure Code, 1908, Section 151 -- Inherent power of Court - (a) The inherent power of a court is in addition to and complimentary to the powers expressly conferred under the Code; (b) The inherent power available under section 151, Civil Procedure Code is not controlled by any other provisions of the Civil Procedure Code; (c) The inherent powers cannot be invoked..........
Partnership Act, 1932, Section 69(3), Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Shop - Possession of firm that of a licensee - One of the partners of dissolved firm seeking possession of shop on basis of clause in partnership deed that in case of dissolution or discontinuation of business of firm the premises shall vest in him - Held, suit is..........
Industrial Disputes Act, 1947, Section 2(oo),(bb), 11A,25G,25H -- Termination - Respondent No.1 was appointed under a scheme - He was appointed for a specific purpose - Service of respondent terminated after coming to an end of the Scheme - Gram Panchayat in management of the Scheme, the employer would be Panchayat and not the State - Even if assumed violation of Section..........
