Indian Penal Code, 1860, Section 376, Medical Council of India Act, 1956 - - Rape victim - Termination of pregnancy - Permission of Court is not required - Pregnancy can be terminated at the nearest Government hospital when a request is made by rape victim or guardian in case of minor rape victim...........
Indian Penal Code, 1860, Section 376, Medical Council of India Act, 1956 - - Rape - Termination of pregnancy - Pregnancy of rape victim can be terminated when there is request of rape victim or her guardian when she is minor - There is no need to seek permission from Court - When prosecution of accused is pending then hospital may also preserve the tissue of foetus and..........
Service -- Unauthorised absence from duty - Appellant dismissed from service without conducting any enquiry and without giving show cause notice to him - Moreover, being a workman appellant was governed by Industrial Employment (Standing Orders) Act, 1946 - Termination is in violation of natural justice - Termination vitiated - Workman entitled to reinstatement. (Paras..........
Service -- Unauthorised absence from duty for five months - Termination - Employer is empowered to grant leave without wages or extraordinary leave - Termination order is vitiated since it is disproportionate to the gravity of misconduct...........
Service -- Recruitment of constables - Height wrongly recorded - Negligence by officials marking measurements and candidates also manipulated their heights by wrongly recording more than their actual heights - Appellants terminated after four years of service - Held, even in case of manipulation by candidates concerned officials cannot be absolved of responsibility -..........
Arbitration and Conciliation Act, 1996, Section 34 -- Arbitration award - Agreement alleged to be not legal, valid and enforceable and that the same was one sided agreement and further that clause 14 of agreement which deals with termination of agreement by conduct of parties is overlooked - Held, these points were never urged before Single Judge or Division Bench of High..........
Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape of 14 years old girl - Termination of pregnancy - Court permission - Required only in a situation where there is a conflict of whether pregnancy must be terminated or not or when the opinions of two medical practitioners themselves differ - It is hardly..........
Service -- Resignation - Acceptance of resignation without relieving the employee - Temporary government employee under probation - Letter of acceptance of resignation shows that termination of respondent was not deferred to any future date and hence there was no requirement to relieve him of his duties - Respondent had already abandoned his service for almost 8 months..........
Constitution of India, 1950, Article 14, 226, Indian Contract Act, 1872, Section 56 -- Breach of contract - Claim for damages by third-party - MPRTC entering into BOT contract with third-party and giving possession of site in contravention with terms of lease, thereby causing termination of lease - No legal rights granted to MPRTC to create further rights in favour of..........
Major Port Trust Act, 1963, Section 21 - - Termination of lease - Lease deed executed by Land Manager - Execution of lease deed was as per decision taken by competent authority - Held, lease can be terminated by same authority who executed lease deed, after a decision has been made in that regard by competent authority...........
