Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory bail - Investigation was completed and charge sheet was filed after granting of anticipatory bail to accused - Accused cooperated with investigation both before when no protection was granted to him till filing of charge sheet - Impugned order of High Court rejecting bail and directing accused to surrender and..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross objections - Cross objections have all trappings of a regular appeal and therefore must be considered in full by Court adjudicating upon the same...........
Service -- Denial of regularization - Management allowed the workmen to put in regular service to its own benefit for over two decades - Therefore, management can no longer now claim an indefeasible right to continue with and canvass its challenge to award, merely because it made its compliance with award conditional long ago - Award of regularization of service restored...........
Commercial Courts Act, 2015, Section 15, 16 -- Written statement - Applicability of the Act - Time schedule available for submitting written statement under the Act may not have any application pertaining to a written statement submitted before regular civil Court before transfer...........
Service -- Promotion - View of High Court, upheld, opining that Rule of three years of regular service in the grade and possessing a degree, there is no distinction between the years served prior to or after having obtained the degree so long the degree is acquired and is the basis of consideration...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Inordinate delay in placing the order of sanction before Court - May entitle accused for grant of regular bail but not a ground to pray for statutory/default bail u/s 167(2) Cr.P.C...........
Criminal Law -- NDPS Act - Right to speedy trial - Application for regular bail was refused - Only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail application is made) that the accused is not..........
Criminal Law -- NDPS Act - Right to speedy trial - Application for regular bail was refused - Only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the material on record (whenever the bail application is made) that the accused is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Delayed compliance of S.42 of the Act is acceptable - However, where there was a total non-compliance of S.42 of the Act, accused ought to be granted concession of regular bail...........
