Advocates Act, 1961, Section 49(1) -- Bar Council of India Rules, R.49 - Advocate employed by Govt. or body corporate as its law officer on salary - Does not cease to be an advocate in terms of R.49 which prohibits advocate to take full time employment of any person, govt., firm, corporation - Advocate is one who is actually practicing before courts and it includes law..........
Insurance claim -- Discharge voucher - Full and final settlement - Discharge voucher executed on 9.1.2004 - In notice dated 28.1.2004 there is no averment with regard to fraud, misrepresentation, undue influence, coercive bargaining or the like or the contents of the discharge voucher were not made aware to the signatory who is President of the Society and a literate lady..........
Consumer Protection Act, 1986, Section 2(1)(g), Insurance Act, 1938, Section 64UM -- Insurance claim - Surveyors - Joint Surveyors - Appointment of successive Surveyors - Insurance Company has not given any cogent reason while appointing the number of Joint Surveyors - No document is on record which justifies the rejection of the report of the various Surveyors - Not the..........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape - Girl aged 17 years - Prosecutrix removed from place to place in a bus and train - Prosecutrix did not raise any alarm nor complained to anyone - No injury on person of prosecutrix found in medical examination - Prosecutrix had knowledge and capacity of having full import of what she was doing - It is a..........
Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, Section 33 -- Recruitment - Advertisement - Reservation - Physically disabled persons - Post of Staff Nurse - 280 vacancies advertised without any reservation for physically disabled persons as mandated by Section 33 of the Act, 1995 - Appellant had to apply against..........
Service -- Termination - Reinstatement - Back wages - Payment of full back wages upon an order of termination being declared illegal cannot be granted mechanically - It does not automatically follow that reinstatement must be accompanied by payment of full back wages even for the period when the workman remained out of service and contributed little or nothing to the..........
Service -- Termination - Reinstatement - Back wages - Reinstatement after 15 years of termination - No evidence or material produced on record by employee that he was not gainfully employed during the long spell of 15 years when he was out of service - Full back wages can only be allowed after recording cogent reasons in support thereof - Order allowing full back wages set..........
Employees Service Regulations, 1964 -- Regulation 41 -- Suspension - Reinstatement - Period of absence - Pay and allowances for - Held, Regulation 41 clearly says that when an employee who has been dismissed and thereafter reinstated, authority competent to make order of reinstatement shall consider pay and allowances to be paid to employee for period of his absence from..........
Hindu Minority and Guardianship Act, 1956, Section 13 -- Child - Custody - Given to one of the parents by a foreign Court - Child removed to another country - Court in the country to which child is removed must consider (1) whether court could conduct an elaborate enquiry on the question of custody or by dealing with the matter summarily order a parent to return custody of..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Medical negligence - Plea by OPs that consumer complaint is full of falsehood and untrue statement repelled - The OPs have not shown what sort of untrue statement has been made by the complainant - Findings on the issued recorded in the negative...........
