Service -- Removal from service - Due process was followed during course of inquiry - Inquiry Officer appreciated evidence led by five loanees who categorically deposed that they had paid money to respondents for coordinating sanction of their loans despite their documents being deficit - Even, respondent admitted his guilt and had sought mercy - Leniency was shown by..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as his own witness - Appearance at a later stage - No whisper in the application that out of the list of witnesses which witnesses are required to be examined before he can step into witness box as his own witness - Reasons why these witnesses are to be examined before the party is examined as his own witness also..........
Civil Procedure Code, 1908, Section 92, 151, 11 -- Leave u/s 92 CPC - Dismissal of application for revocation by High Court - Defendants are estopped under law to agitate same matter again before District Judge after being defeated on contest from High Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Dismissal in default - Order of dismissal passed on 14.9.2023 - However, as per evidence on record complainant was in custody for offences under NDPS Act and Arms Act from 20.4.2023 to 2.8.2024 - Dismissal order set aside and case remanded to trial court - Appeal allowed...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Dismissal of complaints - Condonation of delay of 357 days and 363 days - As per evidence on record, complainant was in custody for more than 1 year and he was only released on bail due to immediate medical treatment - Complainant provided adequate reason for the delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Dismissal in default - Complainant failed to prosecute his case due to incarceration - Long incarceration of complainant makes it impossible for him to manage and supervise the performance and functioning of his attorney...........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3, , Section 151, Limitation Act, 1963, Article 122 -- Compromise - Suit dismissed as withdrawn - Restoration of suit - Dismissal of suit as withdrawn is akin to dismissal of suit for want of prosecution - Limitation for filing application for restoration of such suit is 30 days...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 68(O), 68(F)(2) -- Appeal - Order passed u/s 68(F)(2) - When remedy of appeal is provided u/s 60(O) of the Act and petitioner had already filed appeal before designated forum, appellate authority ought to have decided appeal on merits, rather than throwing away on account of defect in appeal being not signed by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Appeal dismissed on the ground of non prosecution and without giving proper opportunity of hearing to petitioner - Appellate Court has passed the order in a mechanical and cursory manner and without application of mind as no reasons or findings have been given in impugned..........
Criminal Procedure Code, 1973, Section 397, 401, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A -- Discharge - Dismissal of application - Revision against - Order passed in discharge petition is not an interlocutory order and it is an intermediate order - Revision against..........
