Service -- Misconduct - Dismissal from service - Even if it is assumed that appellant was required to obtain prior written permission from the Company to go to attend the meeting, he having informed his superior officer in advance before going to attend the presentation, the charge of any such misconduct is not made out, which may warrant extreme punishment of dismissal...........
Specific Relief Act, 1963, Section 37, 38 -- Restraining sale of property - Affidavit jointly sworn by husband and wife that in future, if any necessity arises, they shall jointly execute the sale deed to meet such necessity of the family - Held, by swearing an affidavit, no person can be restrained from exercising his own legal right and affidavit putting any restriction..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 32 -- Execution - Decree of specific performance - Decree was executable within two months of passing of decree on payment of balance sale consideration - In appeal appellate Court did not impose a time limit - Objections that balance sale consideration not deposited within time as decree was not stayed by first..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Signatures admitted - Comparison of writing on the body of cheque - Not permissible - Fact that body of cheque is not filled up by the drawer of cheque is totally immaterial in a trial for offence u/s 138 of the Act - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Appeal - Cross objections filed in appeal - Dismissal of appeal though on merits, yet by itself would not result in dismissal of cross objection also - Cross objection had to be disposed of on its merits notwithstanding dismissal of appeals as provided U.O.41.R.22(4) CPC...........
Central Reserve Police Force Act, 1949, Section 11(1), Central Reserve Police Force Rules, 1955, Rule 27(a) -- Dismissal from service - Misconduct - Respondent admitted that incident occurred as a result of handling of weapon, that bullets were fired and death of his colleague occurred in consequence thereof - Disciplinary authority found that charge of misconduct was..........
Central Reserve Police Force Act, 1949, Section 11(1), Central Reserve Police Force Rules, 1955, Rule 27(a) -- Dismissal from service - Misconduct - Disciplinary proceedings and criminal proceedings - Charge in criminal trial arose from death of a co-employee in the course of incident resulting from firing of a bullet which took place from weapon assigned to respondent as..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Application cannot be rejected merely on the ground that petition u/s 482 Cr.P.C. for quashing of FIR has already been rejected - Dismissal of petition u/s 482 Cr.P.C. for quashing is not conclusive and cannot be the reason to reject application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 173, 190 -- Acceptance of negative final report and dismissal of protest petition - Dowry death case - Where Magistrate having regard to nature of allegations contained in protest petition and annexure which essentially consisted of affidavits is convinced on basis of consideration of final report, statements u/s 161 Cr.P.C that no..........
Service -- Dismissal - Reinstatement - Dispute leading to conviction was essentially matrimonial in nature and was purely a personal dispute and had no connection with discharge of duties of petitioner - Disciplinary authority ought to have considered redeeming feature existing in favour of petitioner before taking harsh decision of dismissing him from service -..........
