Service -- Dismissal from service - Appellant was appointed as conductor in 1979 and was dismissed in 1982 - He served the respondent corporation for about 3 years - Considering the time gap ever since he was appointed, he must have attained the age of superannuation - Appellant awarded lump sum compensation of Rs.2 lakhs instead of going into merits of controversy either..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Statement of complainant recorded to the effect that matter has been compromised - Thereafter complainant stated that there was no compromise and accused is yet to make the payment as per compromise - Complainant cannot be permitted to back out from mutual settlement - If any of the parties..........
Criminal Procedure Code, 1973, Section 313 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.351) - Examination of accused u/s 313 Cr.P.C - Court is entitled to secure the assistance of public prosecutor and advocate representing the accused to prepare the questions to be put in the examination u/s 313 Cr.P.C - A Public Prosecutor has to play an active role in ensuring that..........
Criminal Procedure Code, 1973, Section 24, 304 -- Role of Public Prosecutor and appointment of legal aid lawyers - Directions issued: (i) It is the duty of Court to ensure that proper legal aid is provided to an accused; (ii) When an accused is not represented by an advocate, it is duty of every Public Prosecutor to point out to Court requirement of providing him free..........
Evidence Act, 1872, Section 8 -- Motive - When offence committed is proved, motive part loses its importance - Where there is clear proof of motive for the crime, that leads additional support to finding of Court that accused was guilty - But absence of clear proof of motive does not necessarily lead to a contrary conclusion...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh - Limitation - Once the permission is granted to withdraw the suit with liberty to file fresh suit, law of limitation will apply only as if the very suit after granting permission by Court has been instituted afresh...........
Muslim Law -- Interim maintenance - Claimed by grand daughter from grandfather - Father of child died - Affidavit is on record by respondents stating that mother of child has no source or income to take care of child - Petitioner/grandfather of child failed or refused to file objections against the same and did not impel any contention against its maintainability even at..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 342 -- Bail - Rape - Victim is yet to be examined - Mother of victim who is an eye witness to the incident has also not been examined so far - Without disturbing the order of bail granted by High Court, respondent/accused directed not to enter the said village where victim and her mother are..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Generic and vague allegations levelled by husband - Court below has not erred in negating plea of cruelty in absence of any date and occurrence specification and in absence of any evidence led either by husband or his mother to establish any specific act of cruelty either mental or..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable break down of marriage - In the absence of element of cruelty and desertion established as may entitle husband to a decree of divorce, that relief may not be granted solely on the strength of ground of irretrievable breakdown of marriage, as said ground is not a statutory ground but a ground referable to a..........
