Industrial dispute -- Law of evidence per se does not apply to industrial adjudication - However, general principles do apply...........
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..........
Indian Penal Code, 1860, Section 409, 420, 477A, 109, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(c), 13(1)(d), 18A, Criminal Procedure Code, 1973, Section 102 -- Offence u/ss. 409, 420, 477A, 109, 120B IPC and 13(2), 13(1)(c), 13(1)(d) PC Act - Freezing of bank account - Petitioner alleged that bank account cannot be frozen u/s 102 Cr.P.C after..........
Evidence Act, 1872, Section 9 -- Test Identification parade - There is no requirement in law to conduct test identification parade which is conducted u/s 9 of the Act and test identification parade is held only for the purpose of lending assurance to Investigating Officer that he was proceeding on right path - Value of test identification parade is only of corroboration..........
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..........
Evidence Act, 1872, Section 32 -- Two dying declarations - Deceased alleged in both the dying declarations that her mother-in-law poured kerosene oil on her and her husband got her burnt by matchbox - However, there is no fitness certificate given by doctor in this regard that patient is fit for statement or not - Only signatures and seal of doctors were taken - Second..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For the purpose of deciding application U.O.7.R.11 CPC, inquiry is necessarily confined to determining whether dispute discloses a cause of action and whether statements made therein are barred by any law...........
Civil Procedure Code, 1908, Order 6, Rule 17, Family Courts Act, 1984, Section 7, Protection of Women From Domestic Violence Act, 2005, Section 18, 19, 20, 21, 22 -- Amendment of petition filed u/s 7 of Family Courts Act - To incorporate reliefs u/ss 18 to 22 of PWDV Act - S.26 of PWDV Act empowers Civil Court, family Court or a Criminal Court to grant reliefs u/ss 18 to..........
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..........
Indian Penal Code, 1860, Section 304B -- Dowry death - Death was suicidal is very clear from expert evidence - Demand of dowry was not proved by prosecution - Brother and father of deceased admitted in their deposition that they had not personally witnessed any physical violence on deceased - Father of deceased also deposed that accused/son-in-law was quite aware of his..........
