Service -- Discharge - Appellant was not provided an opportunity to be heard during enquiry that was required to be conducted - Order discharging appellant from service, set aside being violative of principles of natural justice - Appellant shall be entitled to reinstatement in service forthwith with all consequential benefits...........
Railways -- Demand for penal freight for excess weightage detected in a consignment - Show cause notice - On raising such a demand when excess weightage has been detected at the time of off-loading, it would be practically difficult, if not impossible, for Railways to issue a show-cause notice to consignor or consignee and to hold a mini-trial to determine the question of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination - Plea for deferral u/s 254(3) BNSS must preferably be made before presentation of case calendar or at earliest available opportunity, before defence strategy become known to prosecution...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 254(3) -- Evidence for prosecution - Deferment of cross-examination of 6 prosecution witness until they are examined in chief - Witnesses cited as eye-witnesses in challan, on same set of facts - Petitioners pleaded that cross-examination of these witnesses may disclose defence strategy and provide opportunity to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20(b)(ii)(C) -- Contraband - Appellant was not mentioned as accused in all the contemporary documents including memo of arrest - Accused is described as `S' - It is not put to appellant in her examination u/s 313 Cr.P.C that she is the same person as said `S' - Appellant was thus, deprived of an opportunity..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Lack of jurisdiction either pecuniary or territorial, has to be taken at the earliest opportunity - Since the same has been raised before High Court, appellant cannot be allowed to raise lack of pecuniary jurisdiction at such belated stage - Moreover, on the date of filing of first appeal, High Court had..........
Protection of Children from Sexual Offences Act, 2012, Section 33 -- Cross-examination of victim - Closure of - Victim do not intend to answer the question put to her during cross-examination despite repeated warnings - Further proceeding with cross-examination does not seem to be possible for conduct of victim - It was for Trial Court to have averred evidentiary value of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 223(1) -- Proviso - Cognizance of offence - Opportunity of being heard was not given to accused before taking cognizance of offence on complaint - There is thus, non-compliance of S.223(1) proviso BNSS - Order taking cognizance set aside...........
Criminal Procedure Code, 1973, Section 446 -- Forfeiture of surety bond - Hearing of affected party is mandatory, as non-affording of such opportunity of hearing would be gross violation of principle of natural justice...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Despite repeated issuance of production warrants on multiple dates, jail authorities have consistently failed to produce petitioner before trial Court - Persistent non-compliance has resulted in the prolonged incarceration of petitioner without benefit of a valid remand order or even opportunity to be heard before Court..........
