Service -- Dismissal - Disciplinary proceedings - Non-supply of copy of preliminary Inquiry report - Mere assertion that some documents have not been supplied or even mentioning said documents would not be enough, unless consequential prejudice which would or has been caused to a delinquent employee is put forth - Court is not bound to simply accept an assertion of a..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 230 -- Documents - Supply of copy to accused - Magistrate is bound to supply copy of police report and other documents to accused - Magistrate directed to comply with provision of S.230 BNSS and supply documents to petitioner as prayed for within a period of four weeks from the date of passing of order...........
Indian Penal Code, 1860, Section 174A, Criminal Procedure Code, 1973, Section 195 -- Offence u/s 174-A IPC - Criminal prosecution u/s 172 to 188 IPC can only be initiated through a written complaint filed by concerned public servant or another public servant to whom they are administratively subordinate - However, instead of adhering to this legal requirement, Magistrate..........
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..........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Decree for specific performance - Filing of draft document i.e sale deed along with execution petition is not mandatory but merely directory - However, if decree holder chooses to file a draft document, either initially or at a later stage of execution proceedings, Court shall follow procedure U.O.21.R.34 CPC -..........
Insolvency and Bankruptcy Code, 2016, Section 61 -- Appeal - Limitation - Commencement - Incident which triggers limitation to commence is date of pronouncement of order and in case of non-pronouncement of order when the hearing concludes, date on which order is pronounced or uploaded on website - However, where judgment was pronounced in open Court, period of limitation..........
Insolvency and Bankruptcy Code, 2016, Section 61(2) -- Appeal - Delay in filing appeal - Condonation of delay - Certified copy of orders passed by NCLT not applied - Second appeal, on this score alone is to be dismissed as there is no question of moving an application for condonation of delay when no application for obtaining a certified copy of order has been filed -..........
Arbitration and Conciliation Act, 1996, Section 34(3), Limitation Act, 1963, Section 12 -- Arbitral award - Setting aside - Reckoning of period of limitation - While calculating limitation period of 3 months u/s 34(3) of Arbitration Act, day on which respondent received a signed copy of award must be excluded as per S.12(1) of Limitation Act - Since 3 months time expires..........
Criminal Procedure Code, 1973, Section 294 -- Documents - List prescribed u/s 294(1) Cr.P.C is different from the list of documents annexed with charge-sheet/complaint - Inclusion of documents sought to be admitted or denied by an adverse party is necessary to give notice to that party, and providing a copy of said list to adverse party is necessary to ensure that said..........
Stamp Act, 1899, Section 36 -- Deficient stamp duty - Impounding of document - Photostat copy of a document cannot be impounded, as only original document can be impounded...........
