Industrial Disputes Act, 1947, Section 2(oo), 2(1)(ra) -- Termination - Unfair labour practice - The charge - sheet was specific but there was no proof - The charge - sheet proceeded even on a wrong basis that there was an illegal strike - The evidence only supported the case of some among the workmen as having resorted to strike - If the workmen had joined the strike, so..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 366, 367, 368 -- Triple murder - Death sentence - Confirmation - Held, in cases of reference made u/s 366 of the Code for confirmation of death sentence, considering the provisions of the Code in relation to powers of High Court conferred u/ss 367, 368 of the Code, the sessions trial could not be..........
Consumer Protection Act, 1986, Section 2(1) , 14(1)(d) -- ESIC Medical Manual, Clause 3.30 - Employees State Insurance - Medical service - Medical reimbursement - Rejection of claim - Complainant had not gone to the General Hospital for the treatment of his daughter on his own - He had gone through on the advice and reference of the doctor of ESIC - OPs No. 2 and 3 cannot..........
Industrial Disputes Act, 1947, Section 10(4) -- Reference - Plea Labour Court did not have a power to traverse beyond the reference and when the workman had raised a dispute that he had been unlawfully terminated, the management cannot contend for a position that he had been retired and not terminated repelled - Held that the submission made takes a very narrow view of..........
Industrial Disputes Act, 1947, Section 2(oo) -- Termination - Punishment - Transfer - Domestic enquiry - Contention by the workman that the enquiry has not been properly held and it was vitiated totally - This was a case where the workman chose not to report at the place where he was ordered to be transferred - When an enquiry was held he expressed his difficulty for..........
Arbitration and Conciliation Act, 1996, Section 31(3) -- Arbitration award - Reasons in support thereof - Not an empty formality - It guarantees fair and legitimate consideration of the controversy by the arbitral tribunal - However, detailed and elaborate reasons in support of its finding need not be given - Mere noticing the submissions of the parties or reference to..........
Arbitration and Conciliation Act, 1996, Section 32(2), Civil Procedure Code, 1908, Section 89 -- Civil suit - Reference of matter to arbitrator by way of agreement - Held, once dispute between parties has been taken before said forum sole arbitrator, the proceedings would be governed by provisions of the Act of 1996 by virtue of S.89 of the CPC - It necessarily follows..........
Land Acquisition Act, 1894, Section 4, 18, 54 -- Acquisition of land followed by award - On reference made u/s 18 of the Act, Reference Court fixed market value of acquired land at Rs.4, 00, 000/- per acre - In appeal before High Court, numerous sale instances produced - However, High Court, relying in one such sale instance, reduced market value to Rs.3, 75, 000/- per..........
Stamp Act, 1899, Section 33, 47A -- Stamp duty - Market value - Cannot be determined with reference to the use of the land to which the buyer intends to put in use in future - Value of the land has to be determined on the date on which the sale was made and cannot consider the potential value of the land which it could be put in use in future...........
Divorce Act, 1869, Section 17 -- Exparte divorce decree on ground of adultery - Confirmation of decree - None appeared on behalf of the parties - High Court can proceed with reference for confirmation of decree of dissolution of marriage even when the parties are absent and have not obtained a motion for confirmation of the decree - Evidence on record proved sufficient..........
