Indian Penal Code, 1860, Section 420, 468, 5471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute arising out of commercial transaction which has been amicably resolved through One Time settlement under which Bank has received entire outstanding amount - Recovery..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge thereto - Plaintiff failed to prove that compromise decree was result of any fraud or misrepresentation or that her thumb impressions were obtained on pretext of obtaining loan from bank - Since there was not any kind of fraud or misrepresentation to plaintiff, subsequent Court could not set..........
Service -- Banking service - Disciplinary proceedings - Quashing of charge sheet - Charge sheet was served on appellant without seeking advice of Central Vigilance Commission (CVC) - Bank itself accepted the necessity of seeking first stage advice from CVC - It was thus, not open for Bank to serve charge sheet without receiving and considering first stage advice by CVC -..........
Service -- Agreement of service containing restrictive covenant - Clause 11 (k) of appointment letter shows that employee was required to pay liquidated damages of Rs.2 lakhs in the event of leaving employment of bank prior to 3 years - Whether clause violative of S.27 of Contract Act - Clause sought to impose a restriction on employees option to resign and thereby..........
Service -- Agreement of service containing restrictive covenant - Clause 11 (k) of appointment letter shows that employee was required to pay liquidated damages of Rs.2 lakhs in the event of leaving employment of bank prior to 3 years - Whether clause opposed to public policy - Restrictive covenant prescribing a minimum term cannot be said to be unconscionable, unfair or..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 3 -- Interim injunction - Arbitration proceedings - Appellants attempted to encash bank guarantee furnished by respondent - If appellants were permitted to invoke bank guarantee, prayer made in S.9 of Arbitration and Conciliation Act, arbitration petition would likely become infructuous - Interim order restraining..........
Bank guarantee -- Courts should refrain from interfering with invocation of bank guarantee except in cases of fraud of an egregious nature or in cases where allowing encashment would result in irretrievable injustice...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(C) -- Bail - Contraband - Recovery of 180 kgs Doda post from co-accused - Petitioner was not present on the spot and has been nominated on the basis of disclosure statement suffered by co-accused - Allegations against petitioner are that he was involved..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Directions issued for incorporating following particulars while filing claim petition under Motor Vehicles Act, 1988 : (a) (i) Names and addresses (local and permanent) of injured persons or the owners of damaged property, as the case may be, their Aadhar and PAN details and email-id, if any; and (ii) Names..........
Indian Penal Code, 1860, Section 420, 419, 467, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute involved is primarily of civil nature - Aggrieved party if any, would have been Bank which has no grievance against appellants - Further, no loss has been caused to Bank as is apparent from calculations presented by..........
