Industrial Disputes Act, 1947, Section 25F, Evidence Act, 1872, Section 114(f) -- Retrenchment - Non-production of evidence - Adverse inference - Benefit of Section 114(f) of the Evidence Act sought by workman but failed to place some evidence in support of his case - High Court held to have committed a manifest error in setting aside the award of the Tribunal only on the..........
Industrial Disputes Act, 1947, Section 25F -- Retrenchment - Burden of proof - It was on the respondent-workman to show that he had worked for 240 days in preceding 12 months prior to his alleged retrenchment - In terms of Section 25-F of the Act, an order retrenching a workman would not be effective unless the condition precedent therefor are satisfied...........
Industrial Disputes Act, 1947, Section 2(s), Apprenticeship Act, 1961, Section 2(aa) -- Workman - The expression `apprentice' - The definition of `workman' as contained in Section 2(s) of the Industrial Disputes Act, 1947 included an apprentice - But a `workman' defined under the Act of 1947 must conform to the requirement laid down therein - Meaning thereby that, inter..........
Agreement to sell -- Suit for specific performance - Alternative prayer for redemption of mortgage not barred by Section 29 of Specific Relief Act. (Specific Relief Act, 1963, S.29)...........
Consumer Protection Act, 1986, Section 2(1)(g) -- General Clauses Act, 1897, Section 27 - Presumption as to service - Bank guarantee - Invocation of by petitioner - Non payment of by respondent Bank - Plea that letter sent through Registered Post invoking Bank guarantee not received by the respondent Bank - Petitioner did not file Acknowledgement Due Receipt -Affidavit of..........
Evidence Act, 1872, Section 90 -- Presumption - As to genuineness of 30 years old document - Held that it is not mandatory to raise a presumption under Section 90 of the Evidence Act merely on the ground that the document is more than 30 years old - It is within the discretion of the Court to accept the presumption in the case...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance Act, 1938, Section 64VB (1) and (2) - Insurance claim - Cheque for premium amount did not reach respondent Insurance Company - Liability for payment of the amount claimed cannot be legally fastened on respondent No.1 on the basis of cover note...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 54, 20 -- Charas - Possession - Charas concealed in the Jeep - Accused driver on salary - Whether accused was in conscious possession or not to be seen - Matter remanded to High Court for adjudication on above point keeping in view the provisions of Section 54 which raises presumption of possession...........
Evidence Act, 1872, Section 25, 26, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 (b) (2), (23) -- Confession - Admission of accused before the Customs Authorities - Such admission is not hit by either Section 25 or Section 26 - Effect of such admission was relevant factor...........
Haryana Municipalities Act, 1973, Section 74, 75 -- Punjab Municipal Act, 1911, Sections 62 and 62A - Show tax on cinema - Enhancement of rate - Requirement of issuing gazette notification - Held that no notification as required under Section 74 of 1973 Act had to be issued as the enhancement was made under the provisions of sub-section (2) of Section 75 of the 1973 Act...........
