Service -- Amalgamation of banks - Misconduct - Issuance of charge sheet - Competent authority - Hindustan Commercial Bank (HCB) amalgamated with Punjab National Bank (PNB) - Delinquent employee was working as an Assistant General Manager in HCB - He was placed as a Scale-III officer in PNB in terms of his responsibilities and corresponding scale upon amalgamation - No..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissed by High Court - Second application for anticipatory bail before Sessions Court - Maintainability - Bail application filed by same applicant on same set of facts and circumstances for second time is not maintainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 108 packets of Poppy husk - Non-examination of independent witness - Mere no, examination of independent witness by itself not a ground to discard testimonies of official witnesses, if those are found to be trustworthy and credible - But at the same time, where independent witness is associated..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Not positively and immediately clear that defendant has a defence - However, facts leading to inference that defendant may be able to establish a defence to the plaintiff's claim - Held, plaintiff is not entitled to judgment and defendant is entitled to leave to defend - In such a case Court..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A -- Eviction - Leave to contest - Application seeking leave moved within time frame - Affidavit furnished by tenant in support of his prayer, discloses triable issue - Directions issued to Rent Controller to re-decide application...........
Representation of the Peoples Act, 1951, Section 86(7) -- Election petition - Election of Legislative Assembly - Time of Scrutiny - Objection as to - Challenge against nomination of respondent before High Court - Written statement filed after two years - Adjournment of matter again and again - As per S.86(7) of the Act, Court has to endeavour to dispose of an election..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Appeal against conviction - Accused alongwith his brother went to shop of deceased father-in-law to bring back his wife and in quarrel hit knife blows and killed him - Recovery of weapons post disclosure statement of accused - Injuries as per post-mortem report are possible by weapons recovered - Testimony of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 80 kgs poppy husk and 1.5 kgs opium - Petitioner in custody for last 1 year and 4 out of 17 PWs have been examined - Trial will take sufficient long time - Since petitioner is not involved in any other case under NDPS Act, he is unlikely to..........
Indian Penal Code, 1860, Section 376, 354 -- Rape of 8th class girl by her school teacher - Prosecutrix was proved to be below 16 years at the time of incident - Statement of prosecutrix that she was sexually assaulted and raped by accused, was consistent despite test of severe cross-examination - Medical evidence supported the testimony of prosecutrix - Defence taken by..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dowry death - Cruelty - Demand of dowry - General allegations without any date and time of incident of demand of dowry - There is absolutely no material to connect accused with demand of dowry, cruelty, harassment to constitute the alleged offence - Statement of PWs no.1 & 2 are self..........
