Service -- Termination - Illegal appointment as employee not having requisite qualification - Vigilance Department conducted an enquiry behind the back of employee - Allegations in report pertain to misbehaviour, conduct and his dealing with officers and the same also gets accentuated by the stand taken in the counter affidavit - Stigma thus has been caused - Holding of a..........
Karnataka Cooperative Societies Act, 1959, Section 108 -- Revision - Barred by limitation - Confirmation of auction sale despite repayment of loan amount by appellants rendered them landless for more than 2 decades - Gross miscarriage of justice caused to appellants by deprivation of right to livelihood guaranteed u/Art.21 of Constitution - Since constant litigation has..........
Contempt of Courts Act, 1971, Section 2(c) -- Criminal contempt - Merely taking somebody's opinion who is outsider to litigation before filing reply in Court would not undermine the administration of justice in any way and is not indicative of criminal conspiracy nor criminal contempt...........
Contempt of Courts Act, 1971, Section 2(c) -- Criminal contempt - Hacking of e-mail account of Additional Advocate General (AAG) and tampering with the same - Exchange of e-mail between AAG and other functionaries not tantamount to causing prejudice or amounts to substantial interference in any other manner in due course of justice - It is not the case of scandalizing..........
Constitution of India, 1950, Article 32, Supreme Court Rules, 1966, Order 18, Rule 5, Supreme Court Rules, 1966, Order 10, Rule 3, 4 -- Review petition - Maintainability - Grounds of violation of principles of natural justice - Review petition filed because sale deeds on basis of which rate of compensation for acquisition of lands was hiked were intentionally price..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(5) -- Dishonour of cheque - Revision against acquittal - S.401(5) Cr.P.C. permits High Court on its satisfaction about interest of justice to treat the application of revision as petition of appeal and deal the same accordingly - Any appeal against an order of acquittal is permissible..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Delay - Condonation - There is no hard and fast rule as to what constitutes sufficient cause to condone delay - A provision should be liberally construed so as to give substantial justice to the approaching party...........
Indian Penal Code, 1860, Section 498A, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406, 506 IPC - Allegations against distant relatives of husband by estranged wife - Once such a glaring fact situation comes to notice of Court, it become its constitutional obligation to come to rescue of an accused, while exercising its inherent jurisdiction..........
Indian Penal Code, 1860, Section 498A, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498-A, 406, 506 IPC - Quashing of FIR - Estranged wife/complainant made allegations against married sister-i, law - Marriage of sister had already taken place much before the marriage of complainant - Allegations against sister general in nature - Moreover, sister..........
Criminal Procedure Code, 1973, Section 219 -- Joint trial - Discretion of Court - Examination of witnesses have already taken place and evidence has reached to an end - At this stage clubbing of two cases together would result in wastage of effort and would lead o failure of justice - Joint trial cannot be allowed...........
