Banking service -- Compulsory retirement - Respondent a Senior Manager connived with co-delinquents (one officer and a gunman) to misappropriate money of customers for their personal gain, stealing bank records, etc. - Role of respondent not only necessitated personal obedience but also supervision of actions of subordinates - Co-delinquents having limited powers and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of trustees - Land in question has been recorded in the name of Trust since 1969 and names of trustees have been continuously reflected in revenue records - Thus, existence of trust and its trustees was a matter of public record - Despite this, plaintiff instituted suit in 2019 without impleading trustees -..........
Insolvency and Bankruptcy Code, 2016, Section 60(5), 36 -- Jurisdiction of NCLT - Attachment of property under Benami Transactions Act - Once the Adjudicating Authority under Benami Act has concluded that corporate debtor is a benamidar, beneficial ownership stands negated - Legality and validity of such determinations are subject matter of appeal under provisions of..........
Industrial Disputes Act, 1947, Section 2(j) -- Industry - Trust being a temple would not fall within four corners of expression "industry"...........
Service -- Termination - Oral termination of appellant without holding any inquiry and thereafter transferring appellant to a far off place not warranted - However, since appellant had worked for twelve years in a Trust continuously, uninterruptedly and without any blemish, entire issue can be laid to rest by directing Trust to pay a lump sum compensation of Rs.12 lakhs...........
Will -- Due execution - Suit property is in the ownership of Family Trust - It was thus, not within power of testator to bequeath the trust property by way of Will as her personal property...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - One single transaction cannot constitute cheating as well as criminal breach of trust, but it can be either cheating or criminal breach of trust...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - When prosecution alleges criminal breach of trust as well as cheating and dishonestly inducing delivery of property for one single act of accused, charges become mutually destructive...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal breach of trust - Complaint and charge sheet pertain to three different transactions each constituting a separate offence alleged to have been committed by petitioner, with two of them pertaining to offence u/s 406 IPC and the other pertaining to S.420 IPC - Charges rightly framed...........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 239 -- Cheating and breach of trust - Appellant was minor at the time of alleged transaction between informant and accused No.1 - Allegation against appellant is that he had purchased the plot in question from A-1 in the year 2022 - However, appellant was minor when transaction took place..........
