Industrial dispute -- Law of evidence per se does not apply to industrial adjudication - However, general principles do apply...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claim towards mental and physical agony, pain and loss of amenities - Person in coma is entirely dependent on others - Meagre sum of Rs.2 lakhs as awarded by Tribunal towards mental and physical agony, pain and loss of amenities, as confirmed by High Court is insufficient - Considering the age, nature of..........
Indian Penal Code, 1860, Section 498, 323, 504, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 498, 323, 504 IPC - FIR is nothing but a concocted story of demand of dowry by making general and vague allegations against applicants - Final report was filed on the basis of compromise which indicates that articles, gold items and other goods belonging to dowry were..........
Criminal Procedure Code, 1973, Section 313, Indian Penal Code, 1860, Section 302, 201 -- Examination of accused - Offence u/s.302, 201 - All incriminating circumstances were not put to accused instead, general questions were employed, which were denied by accused - Factor summarised in (Raj Kumar vs. State (NCT of Delhi) not clearly followed...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Sweeping and general statement made by husband that wife behaved in a cruel manner and she used to pick up quarrels with him and his relatives - Husband could not establish any acts of cruelty on the part of wife - Divorce petition rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Law as to: (i) For the purpose of impleading a transferee pendente lite, facts and circumstances should be gone into and basing on necessary facts, Court can permit such a party to come on record, either U.O.1.R.10 CPC or U.O.22.R.10 CPC,..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata not only apply in respect of separate proceedings but general principles also apply at the subsequent stage of the same proceedings also and same Court is precluded to go into that question again which has been decided or deemed to have been decided by it at an early stage...........
Constitution of India, 1950, Article 226 -- Writ petition - Law as to: (i) For issuing writ against a legal entity, it would have to be an instrumentality or agency of a State or should have been entrusted with such functions as are Governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - No evidence of communication between deceased and petitioner - Family members of deceased have belatedly levelled general, omnibus and bald allegations that deceased was distressed due to conduct of co-accused and petitioner in not returning cash and gold jewellery - Prima facie offence u/s 306 IPC not made out..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Allegations against relatives of husband - When allegations of cruelty are against relatives of husband as to commission of offence punishable u/s 498-A IPC, general and sweeping allegations are quite insufficient and there must be specific allegations with certainty...........
