Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Offence against Company - Director - No specific allegation against petitioner - He was not made party in original complaint before Industrial Tribunal as well as in appeal before High Court and Supreme Court - Complaint was lodged against petitioner solely on the ground that he is one of directors of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bail application cannot be dismissed by High Court solely on the ground that Apex Court had not permitted filing of fresh bail application while cancelling bail earlier granted by High Court...........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - High Court in a very casual and cavalier manner, without considering the rigours of S.45 of the Act granted bail to respondent on absolutely extraneous and irrelevant considerations - There is no finding whatsoever recorded in the impugned order that there were reasonable grounds for believing that respondent..........
Prevention of Money Laundering Act, 2002, Section 44 -- Offence u/s 44 of the Act - Appellant is in custody from 8.8..2024 - Order taking cognizance has been set aside by High Court and a fresh application for taking cognizance is yet to be heard by special Court - Custody of appellant cannot be continued - Direction issued that appellant be produced before Special Court..........
Civil Procedure Code, 1908, Section 89 -- Meditation - Mediation has to be by consent of both the parties - Mediation cannot be thrusted upon either of parties - Moreover, when High Court itself, on more than one occasions in the contempt proceedings, had found that the State was bound to comply with the writ of mandamus issued by it and had also issued notice to Chief..........
Constitution of India, 1950, Article 226 -- Writ petition - Writ issued by High Court in exercise of its jurisdiction u/art 226 of Constitution which has not been interfered with by Supreme Court has to be followed in letter and spirit, by all the authorities who are bound by such a writ...........
Service -- Compassionate appointment - Lapse of time - Courts below directed appellant to appoint respondent at age of 44 years - Admittedly, delay happened as respondent was perusing his claim first before appellant and thereafter before High Court - Thus, age of respondent cannot be determinative for foreclosing his claim and bar consideration of same on merits...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claim towards mental and physical agony, pain and loss of amenities - Person in coma is entirely dependent on others - Meagre sum of Rs.2 lakhs as awarded by Tribunal towards mental and physical agony, pain and loss of amenities, as confirmed by High Court is insufficient - Considering the age, nature of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Total compensation - Multiplier - Deceased was 57-58 years of age at the time of accident - Considering the age of deceased, appellant would be entitled to future prospects @ 15% and on account of loss of estate and funeral expenses, amount of Rs.15,000 each awarded by High Court is as per law and as far as loss of..........
Indian Penal Code, 1860, Section 363, 366 -- Kidnapping - Determination of age of prosecutrix - There are two contradictory opinions given by two medical experts regarding age of prosecutrix - Age of prosecutrix was around 14 years as per one doctor, however, DW2 opined that age of prosecutrix was around 18 years - In view of two conflicting medical opinions, benefit ought..........
