Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, Punjab Prevention of Human Smuggling Act, 2012, Section 13 -- Anticipatory bail - Offence u/s 420 IPC and S.13 of Punjab Prevention of Human Smuggling Act - Accused has no reference in FIR - Even, there is no allegations to the effect that any part of the amount was ever handed to petitioner..........
Sarava Shiksha Abhiyana (SSA) Scheme -- Office Memorandum - Mutual Transfers - Validity - SSA Scheme was to deal with primary objective of broad basing education - Provisions of mutual transfer does not militate against provisions of KCS (Regulation of Transfers of Teachers) Act and Rules framed thereunder, particularly when it was with respect of SSA Scheme, it was open..........
Industrial Disputes Act, 1947, Section 10(4), Civil Procedure Code, 1908, Order 1, Rule 10 -- Industrial Dispute - Reference of dispute to Tribunal - Impleadment of parent company - Where in a subsidiary company, which is an independent corporate entity, if any other company is holding shares, that by itself is no ground to order impleadment of parent company per se...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of heroin - Search and seizure - Incharge Malkhana/PW4 in his testimony admitted that when he made entry in Malkhana register he did not state that pullandas and FSL form were sealed with seal of SHO - Even in entries there is no reference to seal of SHO - Further, SHO admits that when he..........
Bihar Building (Lease, Rent and Eviction) Control Act, 1983, Rule 35 - - Seniority - Post of Assistant Conservator of Forests (ACF) - Appointment of appellants were made beyond vacancies advertised in 1985, which was in contravention of Rules - They secured an illegal appointments through back door - Appointments thus, was wholly illegal - However, since the appellants had..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- (as amended by Act, 2016) - Application for appointment of arbitrator before High Court - Maintainability - Execution of work contract containing arbitration clause was prior to date of amendment and notice for reference to arbitration issued in year 2017 - However, Amendment Act, 2016 applies from date on which..........
Civil Procedure Code, 1908, Section 11, Industrial Disputes Act, 1947, Section 10 -- Reference by State to labour Court - Res judicata - Dispute in relation to reduction of age from 60 to 58 years raised by Trade Union already decided on merits between parties to lis which attained finality - No judicial forum at the instance of any party had jurisdiction to try these..........
Civil Procedure Code, 1908, Section 11, Industrial Disputes Act, 1947, Section 10 -- Reference by State to labour Court - Res judicata - Dispute in relation to reduction of age from 60 to 58 years raised by Trade Union already decided on merits between parties to lis which attained finality - No judicial forum at the instance of any party had jurisdiction to try these..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - Governing principles - Summarised : (i) once execution of cheque is admitted, S.139 of the Act draws presumption that cheque was in discharge of any debt or other liability; (ii) presumption u/s 139 is rebuttal presumption and onus is on accused to raise probable defence. The..........
Civil Procedure Code, 1908, Section 35B, Order 17, Rule 3 -- Dismissal of suit U.O.17.R.3 CPC - Non-payment of costs by plaintiff - Impugned order though makes reference of no, payment of Costs but trial Court not dismissed the suit on account of failure of plaintiff to pay costs by invoking S.35-B CPC - Court has not taken a serious view of failure of plaintiff to pay..........
