Indian Penal Code, 1860, Section 376, 366, 363, 342 -- Prosecutrix taken in a bus which was full of passengers and she did not raise any hue and cry - Prosecutrix did not made any attempt to approach the 'Police Post' which was just near the house where she was kept - Prosecutrix did only state that there was 'Bura Kam' and she never mentioned that sexual intercourse was..........
Amendment of law -- At appellate - Cheque deposited by complainant dishonoured - Cheque also lost in transit - Intimation to complainant at belated stage - For this deficiency only compensation awarded - Complainant seeking amendment to receive the full amount of the cheque from the bank - Held that no grievance in this regard can be raised at this belated stage -..........
Insurance claim -- Discharge voucher - Full and final settlement of claim - Plea of the respondent-complaint that it was under compulsion - Defence with regard to compelling circumstances for issuance of unqualified discharge voucher and accepting payments as per settlement under compulsion should be taken immediately on receipt of payment or soon thereafter - Complainant..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) & 54 (1-A) -- Sale proclamation - Failure of J.D. to file objections, if any, on the valuation assessed by D.H. - Even if no valuation was made by D.H. even then J.D. is not precluded from quoting his price - J.D. came forward only to pay some amount and sought for adjournment of sale - Held, when J.D. failed to avail the..........
Insurance claim -- Full and final settlement' - Complainant accepted the claim conditionally , without prejudice to its right to recover the remaining loss suffered by it - Letter wrote to insurance company by complainant prove this fact - It cannot be said that complainant accepted the amount in full and final settlement of its claim...........
Back wages -- Once the inquiry is vitiated and finding of inquiry officer is held to be invalid delinquent is entitled to natural and normal relief of reinstatement with continuity of service with full backwages of the interim period - The employer has to prove the gainful employment of the delinquent or to point out exceptional circumstances to deny the backwages of the..........
Insurance claim -- Full and final settlement - Deduction of 25% of the value of consignment made by the appellant from the claim of the respondent-complainant - Ground that there is no recovery of salvage - Plea of complainant that salvage was handed over to the Surveyor - The amount accepted by the complainant under protest by writing letter on the same day - Held that..........
Criminal Law -- Police should not arrest a person accused of having committed a cognizable and non cognizable offence until it is very necessary for the purpose of investigation or custodial interrogation say for recovering incriminating articles or weapons of offence or eliciting information as to his accomplices etc. or for any other purpose that may help in gathering..........
Industrial Disputes Act, 1947, Section 10, 11A -- Termination - Inquiry - Natural justice - Petitioner management did not produce any evidence to prove that a valid, proper and fair enquiry had been conducted by the Competent Authority - Delinquent official cannot be punished on the basis of such inquiry report - Award of Labour Court ordering reinstatement with continuity..........
Indian Penal Code, 1860, Section 376 -- Rape - It is not possible for a single man to commit sexual intercourse with a healthy adult female in full possession of her senses against her Will...........
