Indian Penal Code, 1860, Section 406 -- Criminal breach of trust - Civil and criminal wrong - Entrustment of vehicle for repairs - Prosecution failed to trace out vehicle - No case for prosecution that accused dismantled vehicle for purpose of destroying evidence - Nothing on record to show that accused received vehicle with mala fide intention of misappropriating the same..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A -- Anticipatory bail - Offence u/s SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under the Act - Where Court finds that no prima facie case is made out or where on judicial scrutiny, Court finds that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay - Even if there is delay in seeking amendment, Court has to consider certain other aspects also, viz. (1) Whether amendment sought is imperative for proper and effective adjudication of the case - Real controversy test is the basic or cardinal test in deciding whether the amendment is to be..........
Service -- Transfer order - Stay of order - Respondent transferred from Mumbai to Bhubaneshwar - Order of transfer was issued to respondent by Government of India in Ministry of Finance - High Court stayed the order of transfer - However, prima facie no case to the effect that order of transfer was either mala fide or in breach of law - Individual hardships are matters..........
Labour Laws -- Transfer order - Allegation of unfair labour practice - No allegation against person who passed order of transfer - Therefore, allegation that transfer of appellant was an act of unfair labour practice without impleading person who is said to have acted in a mala fide manner is not sustainable...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Offence u/s 3 of SC/ST Act - Anticipatory bail - Complaint against petitioners that they abused complainant by referring to her community is false and mala fide - Complainant appears to be habitual..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Abatement of suit - Delay in bringing on record LRs of deceased defendant - Condonation of delay - Neither plaintiff was aware of fact that defendant had expired on Sep. 2013 nor had he committed any intentional delay in filing application after Oct. 2015 - LRs of deceased defendant were..........
Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Section 14 -- Petition u/s 34 of Act of 1996 - Return of petition for representation in proper Court - Delay of 8 days in representation - Extension of time be sought from Court ordering return of petition - However, application u/s 14 of Act of 1963 filed in Court where petition was represented -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 469, 471, 34 -- Quashing of proceedings - Issuance of blank cheques - Allegation of converting the blank cheques into valuable documents and presented the same for encashment and getting the same dishonoured with mala fide intention - Present proceedings are counter blast of proceedings..........
Indian Penal Code, 1860, Section 406, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Quashing of charge sheet - Misappropriation of cash and gold jewellery - Charge levelled against applicant with regard to misappropriation of jewellery and gold has not been found substantiated - Even there is no proof of misappropriation of cash - Factum of litigation between..........
