Service -- Regularization - Consistent performance of appellants over their long tenures solidifies their claim for regularization - Respondents did not raise any issues regarding competence or performance of appellants during their engagement - On the contrary, their services were extended repeatedly over the years, and their remuneration, though minimal, was..........
Criminal Procedure Code, 1973, Section 210, 223 -- Complaint and police case in respect of same offence - Even if case of joint trial does not fall u/s 210 Cr.P.C. even then trial of complaint case and police case can be conducted jointly u/s 223 Cr.P.C. so as to avoid failure of justice or prejudice any accused who is charge sheeted in police report as well as who is also..........
Criminal Procedure Code, 1973, Section 210, 223 -- Complaint and police case in respect of same offence - Applicants Nos.1, 2 and 3 are accused in police case as well as complaint case - However, they themselves prayed that their trial of police case as well as complaint case should not be conducted jointly - In such circumstances, directing to conduct trial of complaint..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14)(v) -- Child in need of care and protection - Petition filed by husband - Wife already filed a petition for custody of child before Family Court - Husband during pendency of said proceedings parallely filed petition before Child Welfare Committee - Family Court has concurrent jurisdiction with Child..........
Constitution of India, 1950, Article 227 -- Writ jurisdiction - Court has restrictive and limited jurisdiction to interfere u/art 227 of Constitution except to set right grave dereliction of duty or flagrant abuse or violation of fundamental principle of law or justice...........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - High Court has restrictive and limited jurisdiction to interfere u/art 227 of Constitution except to set right grave dereliction of duty or flagrant abuse or violation of fundamental principle of law or justice...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife asserts herself to be economically unsound having no source of livelihood with no movable or immovable property in her name - Financial constraints of wife restrains her from going from Kinnaur to Shimla to attend each and every hearing of case - Moreover, transfer of proceedings will enable both..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Issue of sanction was taken up by High Court rather than proof of sanction on its own and without assistance of counsel for accused - Respondent stated that one more opportunity may be given to respondent to demonstrate that irregularity in sanction order has led to failure of justice - Order of..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Petition can be filed u/s 482 Cr.P.C for quashing of charge sheet even before framing of charges and it would not be in the interest of justice to reject the application merely on the ground that accused concerned could argue legal and factual issues at the time of framing of charges...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Shifting of liability to pay compensation from Insurance Company onto owner of vehicle - Owner of vehicle is financially incapable of paying compensation - High Court has not provided any reasoning while shifting liability to pay compensation from insurance company onto owner of vehicle - It is highly..........
