Payment of Gratuity Act, 1972, Section 4(5), (6) -- Forfeiture of gratuity - Dismissal from service - Misconduct - Forfeiture of gratuity is not automatic on dismissal from service - It is permissible u/s 6(b)(ii) of the Act, only if termination of an employee is for any misconduct which constitutes an offence involving moral turpitude and convicted accordingly by a Court..........
Payment of Gratuity Act, 1972, Section 4(5), (6) -- Forfeiture of gratuity - Dismissal from service - Misconduct - It is not the conduct of a person involving moral turpitude that is required for forfeiture of gratuity but conduct or act should constitute an offence involving moral turpitude - To be an offence, act should be made punishable under law...........
Probation of Offenders Act, 1958, Section 4(1)(2), Indian Penal Code, 1860, Section 354A, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Application to call report of probation officer - Outraging modesty of woman - Accused sexually assaulted minor girl and outraged her modesty for which he has been tried - Offences committed by accused involves moral..........
Payment of Gratuity Act, 1972, Section 7, 14, Punjab Civil Services (Haryana) Rules, Rule 6.16A, Indian Penal Code, 1860, Section 279, 304A -- Gratuity - Petitioner services was terminated on account conviction for offence u/s.304A, IPC - Petitioner application for extending gratuity was rejected on ground that petitioner is dismissed employee, and therefore, he is not..........
Service -- Dismissal from service - Validity - Employee convicted for an offence involving moral turpitude - He died during pendency of appeal against conviction and his appeal abated - Subsequently appeal against co-accused was partly allowed and he convicted for an offence u/s 323 IPC - Role of employee was similar to that of co-accused - Conviction for offence u/s 323..........
Labour Law -- Unjustified termination - Denial of gratuity - In order to deny gratuity to an employee it is not enough that alleged misconduct of employee constitutes an offence involving moral turpitude as per report of domestic inquiry - There must be termination on account of alleged misconduct, which constitutes an offence involving moral turpitude for denial of..........
Labour Law -- Unjustified termination - Compensation and gratuity - High Court itself granted compensation since Court felt that termination was unjustified, since reinstatement was not possible on account of superannuation - Denying gratuity in such situation by High Court is not justified, as gratuity is denied only when termination is for misconduct involving moral..........
Contempt of Courts Act, 1971, Section 12 -- Criminal contempt - Moral turpitude - An Advocate convicted for contempt of Court and sentenced to 6 months imprisonment and that he shall not enter the premises of Concerned District Judge for a period of 5 years - However, advocate filed an affidavit tendering unconditional apology before High Court - Keeping in view the..........
Criminal Procedure Code, 1973, Section 320 -- Compromise - In respect of serious offences like murder, rape, dacoity etc. or other offences of mental depravity under IPC or offences of moral turpitude under special statutes like P.C.Act, settlement between offender and victim can have no legal sanction at all...........
Indian Penal Code, 1860, Section 304A, 279 -- Accident - Rash and negligent driving - Reduction of sentence - Offence does not involve moral turpitude - Incident occurred 20 years ago when accused was 27 years of age - It will be too harsh to send accused behind bars - Held, sentence reduced to period already undergone by accused - However, to meet ends of justice, fine..........
