Industrial Disputes Act, 1947, Section 2(oo) , 25F -- Retrenchment - Back wages - Retrenchment of the workman was in violation of Clause 14 of the service Rules as well as Section 25F of the Act - Findings that the workman was not gainfully employed after his retrenchment - Since the workman has not been permitted to join his duties the labour Court has correctly granted..........
Medical negligence -- Compensation - Affidavit of two experts- doctors verbatim productions and there is no variations including coma, full stop - It gives room for arriving at a conclusion that these might have been drafted by the lawyer or by some interested person and the doctors might have blindly appended their signatures without any application of their mind - They..........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(1) -- Milk - Homogeneous - Drum having capacity of 45 litres and having milk to its full capacity - Milk stirred with a milk measure of 6 inches - Milk could not be made homogeneous as is required to be done before taking sample - Petitioner acquitted...........
Consumer Protection Act, 1986, Section 2(1),(g), Contract Act, 1872, Section 15,16 -- Insurance claim - Discharge voucher - Full and final settlement - Coercion - Undue influence - Amount given to the appellant by respondent accepted as complainant suffered heavy business loss due to non-availability of the claimed amount - He protested within two three days - Cannot be..........
Industrial Disputes Act, 1947, Section 2(oo) , 25F -- Misconduct - Termination - Principles of natural justice - Neither charge - sheet issued nor enquiry conducted - After termination show cause notice issued - Enquiry held ex parte - Findings of the Labour Court that the respondent workman could not be faulted for not participating in the departmental enquiry as his..........
Constitution of India, 1950, Article 14 -- Recommendations of Pay Commission - Pay scale - Date of implementation - Discrimination - Anomalies in pay scales - Held that once the recommendations of the pay commission are accepted, in full, it could also give effect to it from the date recommended in that behalf - But when no provision is made in respect of particular..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - General principles regarding powers of Appellate Court are : (1) An appellate Court has full power to review, re-appreciate and reconsider the evidence upon which the order of acquittal is founded; (2) The Code of Criminal Procedure, 1973 puts no limitation, restriction or condition on exercise of..........
Insurance claim -- Marine policy - Insurable interest - Contention by OP that complaint not maintainable because the complainant has already received the full payment of the consigned goods from the consignee and the complainant has got no insurable interest in the goods/articles repelled - Held that since the insurance premium had been paid by the complainant in terms and..........
Insurance claim -- Marine policy - Non settlement of claim within reasonable time - All the details regarding purchase bills etc. have been supplied to OP and full cooperation was extended to the Investigator - Allegation of fraud not substantiated - From the documents and Survey report it is clear that the damage to the goods took place while in transit - That being the..........
Evidence Act, 1872, Section 32 -- Dying declaration - Conviction can be based on a dying declaration if it is voluntarily and truthfully - Consistency in the dying declaration is the relevant factor for placing full reliance thereupon...........
