Employee's Provident Funds and Miscellaneous Provisions Act, 1952, Section 2(b)(ii) -- Basic wages - Basic wage, would not ipso facto take within its ambit the salary breakup structure to hold it liable for provident fund deductions when it was paid as special incentive or production bonus given to more meritorious workmen who put in extra output...........
Criminal Procedure Code, 1973, Section 157 -- Delay in receipt of FIR in Court - Incident occurred at 5.30 pm - FIR lodged on the same day of occurrence at 6.00 pm - Not sending FIR immediately to Court after its registration, cannot be put against prosecution, since after 5.30 pm, Court timing gets over an in these circumstances, production of FIR before Court on the next..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Dishonour of cheque - Case posted for final arguments - Application u/s 311 Cr.P.C. and S.165 Evidence Act for production of documents - Complainant knowingly and as a conscious citizen, participated in the trial - Case is at the fag end of trial as..........
Air (Prevention and Control of Pollution) Act, 1981, Section 31B, Water (Prevention and Control of Pollution) Act, 1974, Section 33B, National Green Tribunal Act, 2010, Section 16 -- Pollution - Direction for closure of unit - Appeal - Direction issued to company neither to resume production without obtaining prior renewal from Pollution Control Board nor to connect power..........
Will -- Suspicious circumstance - Non-production of register of scribe not relevant, particularly when Will is a registered document and when scribe when asked about register, he had stated that it was never summoned from him...........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Section 151 -- Production of documents - Non-compliance of order - Court is not empowered, either U.O.11.R.21 or S.151 CPC to strike out defence or dismiss suit...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - O.11.R.14 CPC, does not attach to a party an absolute right to insist for production of a document in possession of adverse party in support of proof of his case...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Tests of comparative hardship of parties is also one of tests to be applied by Courts in deserving cases when parties to suit apply for production of document invoking O.11.R.14 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Sought at the stage of final arguments - Documents sought not referred in written statement, list of documents and affidavits filed by defendant - Evidence of defendant is already over - If application of defendant is allowed, then matter has to go back to the stage of leading of defendant's..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Evidence of eye witnesses - A-4 fired on abdomen of deceased - Non-recovery and no, production of weapon would not materially affect the prosecution case...........
