Industrial Disputes Act, 1947, Section 11A -- Termination - Reinstatement - Findings of fact by the Labour Court that charge had not been fully established by instituting a proper enquiry and the workman condemned unheard - Workman himself has expired and only the legal heirs are persecuting the claim - There is not going to be need to answer the issue whether the persons..........
Indian Penal Code, 1860, Section 307, 326, 452, 324, 323, 34, Criminal Procedure Code, 1973, Section 482, 320 -- Offence u/ss 307, 326, 452, 324, 323, 34 IPC - Compounding of offence - Dispute settled with the intervention of Gram Panchayat - FIR quashed...........
Constitution of India, 1950, Article 227 -- Supervisory jurisdiction - Exercise of - Held, orders granting adjournment or permitting a party to adduce evidence are not matters which shall fall for consideration by intervention in revision...........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Dwelling house - Exemption from attachment - Decree of specific performance - Sale deed executed on intervention of Court - Execution for possession - Exemption from attachment of dwelling house is not available when decree is executed for delivery of property decreed...........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Withdrawal from testimony - Long history of enmity between the families of complainant and accused - At least seven persons from both sides murdered - Parties entering into compromise with intervention of 40 village Panchayats - Application to recall witness allowed for further cross examination in order..........
Indian Penal Code, 1860, Section 375 - - Rape - Proof of - There was tenderness in vaginal region of prosecutrix - Evidence on record would disclose that there was interruption to completion of the act of sexual intercourse with intervention of PWs.1, 3 and 4 - Held, absence of any rupture of hymen is immaterial in the facts and circumstances of the case - Act of accused..........
Housing -- House allotment - Delay in possession - Complainant himself was largely responsible for not paying the substantial dues and paid sum of Rs. 1,45,997/ - after adjusting the amount of Rs. 36,904/ - paid by him through intervention of National Commission - Held that it would not be just and proper to direct OP to pay 18% interest as directed by the District Forum..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Application can be filed at any stage of the suit - For filing an application it is not necessary that defendant should first file his written statement - Use of word `shall' casts a duty on the Court to perform its obligations in rejecting the plaint when the same is hit by any of the infirmities..........
Consumer Protection Act, 1986, Section 2(1),(g),14(1),(d), Evidence Act, 1872, Section 106 -- Medical negligence - Good faith - Burden of proof - Adverse inference - Compensation - Withholding or the non-production of the Neuro Physician - It would show that a Neuro Physician or a Neurologist did not attend to the patient - Non production will draw adverse inference - Had..........
Consumer Protection Act, 1986, Section 2(1),(g),2(1),(r) -- Share certificates - Deficiency in service - Unfair trade practice - Non issuance of shares certificates despite intimating the petitioner-company as desired about stay order of the Civil Court - Findings by the State Commission that it is a clear cut case of not only deficiency in service but also unfair trade..........
