Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 290, 397, 447, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Theft of mines and minerals - Quashing of proceedings - It is not case of de facto complainant that petitioners had committed theft of mines and minerals from lands belonging to a definite individual - It does..........
Industrial Disputes Act, 1947, Section 11A -- Victimisation, unfair labour practice - Tribunal will interfere when there is want of good faith, victimisation, unfair labour practice etc. on the part of management - Workman is entitled to raise contentions like unfair labour practice as also acts of victimisation on the part of management - Such a contention has to be..........
Evidence Act, 1872, Section 54 -- Criminal proceeding - Fact that an accused person has a bad character is totally irrelevant - Such a fact is relevant only when evidence is let in by accused concerned to establish that he has got a good character...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Exparte decree - Even an ex parte decree is as good and effective as a decree passed after contest and operates as res judicata unless the party challenging the decree satisfies the Court that ex parte decree was obtained by fraud...........
Criminal Procedure Code, 1973, Section 389(1) -- Conviction - Appeal - Suspension of sentence - Discretionary power - Held, discretion has been given to court to suspend conviction so that in a fit case and where special reasons exist court can suspend conviction - In present case, reasons given in application are that applicant's service career was good and his family..........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 279, 304A -- Appellant a head constable entrusted with delivering wireless message - He drove vehicle negligently causing fatal accident - Accused convicted for offences under Ss.279, 304-A IPC - Accused faced agony of trial for 20 years - He had a good career throughout and was dismissed from..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Magistrate cannot order restoration of complaint even if complainant shows very good reasons for his failure to be present on the date of dismissal of complaint - The only remedy available to the complainant is to approach High Court u/s 482 Cr.P.C. for setting aside..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d) -- Medical service - Deficiency in service - Surgical procedure - Consent - Compensation - There was no consent by the appellant for permitting hysterectomy and salpingo oopberectomy - Performance of such surgery was an uauthorized invasion and interference with appellant's body - Which amounted to a tortious act of..........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Deceased was not good looking and she could not conceive - Deceased had to be married to another bachelor male of the family under pressure from Panchayat - There was every reason for accused to be unhappy with the deceased...........
Will -- Suspicious circumstances - Age of testator 80 but in Will it was mentioned as 70 years - Discrepancy in age not satisfactorily explained - Raises suspicion that mentioning of age as 70 years in Will was to show that testator was in a good state of health...........
