Indian Penal Code, 1860, Section 120B, 419, 420, 467, 468, 471, 109, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Wrong legal advice - Criminal liability - Bank disbursing loan to some person on legal advice of Advocate, that proved to be wrong later on - Prosecution of Advocate who was not named in FIR - No..........
Words and Phrases -- Dereliction of duty and Misconduct - Dereliction of duty or carelessness is abuse of discretion under definite law - Misconduct is violation of indefinite law - One is transgression of some established and definite rule of action with least element of discretion while other is primarily abuse of discretion...........
Service -- Departmental Enquiry - Misconduct - Relates to availing of LTC - LTC was availed twice to which appellant was not entitled - Excess amount withdrawn recovered - Contention that once recovery was done, it could not have been subject of Court Martial - Held, recovery ipso facto does not create bar for matter to be tried in Court Martial - Contention negated...........
Service -- Departmental Enquiry - Misconduct - Improper utilisation of railway warrant - Railway officer has not been examined - Appellant put up requisition for obtaining railway warrant and same was collected by representative on his instructions - Letter for reservation forwarded and reservation was made - Exchange of warrant for tickets duly proved - Plea not tenable -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree - Setting aside - Opposed by husband on the ground that he remarried and has one child from the second marriage - There was no service of summons in the divorce petition on the wife at all - Husband performed second marriage within three days of passing of ex..........
Central Civil Service (CCA) Rules, 1965, Rule 16 - - Penalty - Interpretation of - Held, Rule 16 contemplates that no order imposing a penalty under Rule 11(i) to (iv) could be issued without informing the Government servant in writing of the proposal to take action against him and of the imputation of misconduct and giving him an opportunity of making such a..........
Elections -- Local governance body - Duly elected member - Removal of - Nature of proceedings - Held, removal of a duly elected member of local governance body on basis of proved misconduct is a quasi-judicial proceeding in nature...........
Service -- Departmental proceedings - Unauthorised absence from duty - Disciplinary authority is required to prove that the absence is wilful - In absence of such finding, the absence will not amount to misconduct...........
Service -- Disciplinary proceedings - Allegations of defalcation while employed under the Co-operative Samity which was an affiliate of the Bank - Employee not under the direct administrative control of the Bank at the relevant point of time when defalcation alleged to have taken place - Appointment to the Bank from affiliate society quota - Held, there being a link..........
Advocates Act, 1961, Section 35, 36 -- Advocate - Professional misconduct - Advocate attesting a sale deed which was false to his knowledge and attempt made to create title in himself - Advocate, held, guilt and suspended from practice for 3 months - Fact that complainant and Advocate settled the matter does not mitigate or wipe out professional misconduct...........
