Insolvency and Bankruptcy Code, 2016, Section 43(3)(b) -- `Preferential transactions and relevant time' - Exception - Transfer creating a security interest in property `acquired' by corporate debtor is not to be treated as preference to extent that such security interest secures `new value' in monetary terms or in terms of goods, services or new credit or in release of a..........
Service -- Withholding of full gratuity on ground of pendency of criminal proceedings - Term `pension' includes `gratuity' as per R.27 of Bihar Pension Rules - Gratuity thus, cannot be withheld under administrative circulars - However, in view of R.43(c) of Bihar Pension Rules, State is directed to release 90% of gratuity payable to appellant - Balance 10% will be..........
Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving Certificate - Plaintiff has not pleaded any fraud and..........
Service -- Medical reimbursement - Amount disbursed however, no interest paid on delayed release of amount - Direction to pay interest @ 6% p.a. for the period from the date medical reimbursement was sanctioned to the date it was finally paid...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Vehicle involved in NDPS case - Car in question if retained on ground being case property liable to confiscation and kept idle in police station, then same is likely to convert into junk - Any public auction of car in question is not only likely to take long time but may fetch amount higher than reserved..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, 10 -- Juvenile - Bail - Once a child is produced before a JJB bail is rule - However, where release of child is likely to bring him into association with known criminals or expose child to moral, physical or psychological danger or where release of child would defeat ends of justice, then bail can be..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, Indian Penal Code, 1860, Section 482 -- Anticipatory bail - Illegal gratification - Release of stolen vehicle - Complicity of accused in the context of knowledge about stolen vehicle and fake number plate on vehicle requires custodial interrogation, particularly when Inspector `J'..........
Constitution of India, 1950, Article 226 -- Habeas Corpus - Pre-mature release of prisoner - Writ of Habeas Corpus is not maintainable for securing pre-mature release of convicted prisoners...........
Constitution of India, 1950, Article 142 -- Release of prisoners - Prisoners during their period of incarceration in jail has completed many educational courses - Jail record of these prisoners also shows satisfactory - Keeping in view the facts and circumstances of each case and separate appeals filed, in exercise of power u/art 142 of Constitution all the convicts..........
Criminal Procedure Code, 1973, Section 452(1) -- Release of recovered assets - If assets are confiscated and accused is acquitted, Court has power to release recovered assets in favour of accused...........
