Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 17, 38(1)(2), 40, 22A, 22C, Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, Section 8(2), (3), (5), Indian Penal Code, 1860, Section 201, 149, 120B, 34 -- Bail - Offences u/ss 10, 13, 17, 38(1)(2), 40, 22-A, 22-C of 1967 Act, S.8(2), (3), (5) of 2005 Adhiniyam and..........
Bombay Stamp Act, 1958, Article 25 -- Explanation 1 Schedule I - Deficient stamp duty - Agreement to sell - Suit property occupied by appellant on rental basis under agreement to sell and it would not be a part of sale transaction - Since possession was admittedly given to appellant even before the date of agreement, implying acquisition of possessory rights protected u/s..........
Service -- Termination - Misconduct - Employee being bus driver appointed by Corporation was terminated after found guilty of misconduct in rashly and negligently driving the bus of Corporation resulting death of two passengers while several others suffered injuries - MACT categorically held that accident took place because of negligence of lorry driver - Corporation did..........
Service -- Termination - Back wages - Employee admitted that he being engaged in badli work on a daily wage basis and at the same time, it is his specific case that because his service was terminated by Corporation, he could not find a permanent employment elsewhere - No material on record to disbelieve employee - Since exact quantum of wages earned by employee is not..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Quashing of order of cancellation of bail and issuance of non-bailable warrants - Explanation offered by petitioner for his non-appearance is justified - Sole purpose of non-bailable warrants is to secure presence of accused before trial Court and petitioner himself came forward and has undertaken to appear before..........
Service -- Seniority - Seniority granted to ad-hoc employees upon regularisation with effect from date they were appointed on an ad-hoc basis especially when ad-hoc appointment had continued without any interruption till their regularization...........
Indian Penal Code, 1860, Section 363, 366, 366A, 376 -- (before amendment), Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(5) - Abduction and rape - Prosecution has not been able to prove age of victim as 15 years, rather, it has been established from medical evidence as well as statement of mother of victim that she being more than 16..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Fixation of exchange rate of currency - Deceased earning in foreign currency - Date of filing of claim petition is the proper date for fixing the rate of exchange for computing compensation - Conversion rate is therefore fixed at Rs.57 which was the prevalent figure at the time of filing the claim petition...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since petitioner has himself come forward and has undertaken to appear before trial Court on each and every date of hearing, order declaring petitioner as proclaimed person and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 75 -- Quashing of order of issuance of non-bailable warrants - Application for exemption from personal appearance was filed by petitioner - However, trial Court while rejecting said application, straight away proceeded to issue non-bailable warrants against petitioner - Rejection of said application amounts to an..........
