Arbitration and Conciliation Act, 1996, Section 11, 42 -- Appointment of arbitration - Limitation - Petitioner despite the work being concluded on 2000 did not attempt to raise a bill or initiate arbitration proceedings till 2022, when a notice requiring commencement of arbitration proceedings was first issued - High Court erred insofar as finding failure on the part of..........
Indian Penal Code, 1860, Section 376 -- Rape - Prosecutrix specifically named appellant who raped her as a result she suffered profuse bleeding and injuries - She was subjected to lengthy cross-examination by defence, but her testimony has gone unimpeached and witness candidly stood by her stand, accusing appellant being involved in commission of crime against her -..........
Protection of Children from Sexual Offences Act, 2012, Section 8 -- Sexual assault - Discrepancies in statements of crucial witnesses PW1 and PW2 - Refusal of medical examination of victim child also gains significance - Victim specifically stated that appellant had brushed his leg against hers but during her deposition before trial Court, 8 months later she failed to..........
Service -- Release of gratuity and pensionary benefits - Appellant was exonerated in departmental proceedings - However, criminal proceedings were pending against appellant - As per R.69(1)(c) Central Civil Services Rules gratuity shall not be paid so long as either departmental or judicial proceedings are pending - Appellant not entitled to gratuity till the conclusion of..........
Criminal Procedure Code, 1973, Section 311 -- Summoning of two witnesses u/s 311 Cr.P.C. - Despite issuance of bailable as well as arrest warrants, witnesses were not traceable - Criminal trial cannot be permitted to remain pending indefinitely for securing presence of witnesses who remain untraceable despite repeated efforts - Trial Court rightly closed the evidence of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 175, 225 -- Investigation - In the course of investigation u/s 175 BNSS, police may arrest accused and submit a charge-sheet - However, in proceedings u/s 225 BNSS, no such coercive steps are contemplated - Report submitted is only to aid and assist Magistrate and ultimate decision whether to issue process rests solely with..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and children - Default in payment - Sentence - Default pertained to 66 months, total sentence of 660 days was imposed after granting benefit of set off - Sentence of ten days for each month of default cannot be said to be disproportionate - Husband himself had surrendered and admitted his liability and..........
Service -- Order of punishment - Judicial review - Normally, no Court in exercise of its power of judicial review should interfere with an order of punishment imposed on a delinquent as a measure of disciplinary action by competent authority and substitute its own judgment for that of former...........
Banking service -- Compulsory retirement - Respondent a Senior Manager connived with co-delinquents (one officer and a gunman) to misappropriate money of customers for their personal gain, stealing bank records, etc. - Role of respondent not only necessitated personal obedience but also supervision of actions of subordinates - Co-delinquents having limited powers and..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Statutory mandate u/s 25 of the Act requires Court to account not merely for current income but also for earning capacity, financial security and future prospects of parties...........
