Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal breach of trust - Suppression of facts - Moreover development agreement itself is taking care of interest of both the parties and giving rise for specific performance or recovery to the other side, action of issuing process is wrong - Dispute civil in nature -..........
Practice and procedure -- Pendency of matter for the same cause of action before High Court and National Green Tribunal - Continuation of proceedings before NGT for the same cause of action, which is seized with the High Court, would not be in the interest of justice - Proceedings pending before NGT quashed and set aside...........
Protection of Children from Sexual Offences Act, 2012, Section 7, 9(m), 10 -- Sexual assault - Action of accused in holding hands of victim girl and saying that her hands are beautiful would not in any way amount to sexual intent and thereby, would not be considered an act of sexual assault - Proceedings quashed...........
Indian Penal Code, 1860, Section 34 -- Common intention - Essence of S.34 IPC is consensus of minds of persons participating in a criminal action to bring about a particular result...........
Industrial Disputes Act, 1947, Section 25F -- Termination from service - Appointment of petitioner was not on `contract' basis - Terms of appointment stipulated that service of petitioner could be dispensed with any point of time, particularly on completion of work, however, that does not absolve employer from compliance with statutory provisions as contained in S.25 of..........
Service -- Pension - It is a continuous cause of action - Retirement age was 60 years but employee was retired at the age of 58 years - Order of High Court that appellant will not be entitled to any arrears of pension and pension at the revised rates will become payable only from lst January, 2020 - Impugned order set aside - Appellant shall be entitled to pension at the..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - Harassment caused to deceased though proved, but harassment without any positive action on the part of accused proximate to time of occurrence which led to suicide could not be proved - Prolonged disturbance in matrimony is reflected - However, immediate instigation is missing - Accused acquitted...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of two suits - Parties to both the suits are distinctly different - Cause of action and relief claimed in both the suits are also different - Plaintiffs in both the suits are asserting their possession to suit property but with reference to different transactions and different points of time - Common evidence cannot..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Eviction suit - Petitioner never prayed for appointment of Court Commissioner before Rent Tribunal - Rather, petitioner specifically came up with a case that she is in possession of premises in question - Action of petitioner of requesting to appoint Court Commissioner is nothing but an..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Dispute is between plaintiffs and official defendants wherein action of defendants is under challenge - Respondent in said dispute is neither a necessary nor a proper party - Order allowing impleadment of respondent as one of defendants set aside...........
