Industrial Disputes Act, 1947, Section 2(oo) , 11A -- Termination - Quantum of punishment - The misconduct is of very serious nature which is of teasing and molesting a female worker in the factory - He indeed used the abusive language as is apparent from the admission note of the workman - The punishment of termination imposed by the management by no stretch of..........
Service -- Compulsory retirement - In pursuance of a rule/regulation - Formation of a bona fide opinion that continuation of the employee in service will not benefit the institution or be in the interest of the institution (or will not be in public interest where the employee is a government servant), on review of the performance/service record of the employee, on the..........
Constitution of India, 1950, Article 311 -- Departmental enquiry - Punishment - Dismissal - Petitioner an impostor and secured entry in the Govt. service by impersonation and fraudulent manner - He played fraud in connivance with his brother which is established in departmental inquiry - Petitioner not even entitled to protection under Article 311 - It is only the genuine..........
Contempt of Courts Act, 1971, Section 14, 12 -- Contempt of Court - Shouting, using offensive, intemperate and abusive language and throwing chappal at the Judges - (As per Arijit Pasayat, J.) - There is no need to issue a notice as contemnors stated in open Court that they stand by what they have said and did in Court - Sentenced to three months SI - (As per Asok Kumar..........
Criminal Procedure Code, 1973, Section 248(2) -- Quantum of sentence - Appropriate punishment be awarded - Punishment should not be irrelevant - It should conform to and be consistent with the atrocity and brutality with which the crime has been perpetrated...........
Indian Penal Code, 1860, Section 376 -- Rape of girl aged 6 years - Certain improvements and inconsistencies in the statement made by the prosecutrix - However, there is no inconsistency regarding the fact that rape was committed upon her by the accused - Once there is consistency about committing the rape, the hyper-technical irregularities during trial can be safely..........
Contempt of Courts Act, 1971, Section 19 -- Contempt of court - Punishment for - Appeal thereagainst - Held, whenever High Court in exercise of its jurisdiction to punish for contempt has dealt with matter and passed any order that order will be appealable u/s 19 of the Contempt of Courts Act...........
Service -- Misconduct - Punishment - Power of Court to interfere is extremely restricted and only when the relevant factors have not been considered the Court can direct reconsideration or in appropriate case to certain litigation, indicate the punishment to be awarded and that can only be in very rare cases...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of imprisonment - Held, offender convicted of the offence u/s 138 of the N.I. Act need not be incarcerated in prison for a term as part of the punishment for such offence, except in a case involving exceptional circumstances justifying such punishment...........
Indian Penal Code, 1860, Section 302, 149 -- Death sentence - Rarest of rare cases - Mitigating circumstances - There was murder of six members of a family including helpless women and children - Trial Court convicted and imposed death sentence on all the accused for offences u/s 302/149 IPC - In appeal High Court converted death sentence of two appellants to life..........
