Service -- Dismissal - Reinstatement with full back wages - Validity - No party to proceedings either pleaded or adduced any evidence to prove material facts required for award of back wages enabling Court to award back wages - Labour Court in one line simply directed employer to pay full back wages for a long period to deceased workman while directing his reinstatement in..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Total compensation - Keeping in view the age, income, dependency and various amounts to be awarded as compensation under conventional heads, total compensation of Rs.14,25,600 along with 12% interest p.a is awarded to father and sister of deceased - However, out of amount awarded father is entitled to 60%..........
Malicious prosecution -- Compensation - Appellant, a successful scientist having national reputation was compelled to undergo immense humiliation - It is not a case where appellant is kept under custody and eventually after trial, he is found not guilty - Entire prosecution initiated by State police was malicious and it has caused tremendous harassment and immeasurable..........
Agreement to sell -- Specific performance - Readiness and willingness - There is clear demand by plaintiff for specific performance of agreement for sale and suit was preceded by a notice of such demand - Plaintiff in plaint categorically stated that she is ready and willing to perform her part of obligation under agreement for sale and ready to pay balance consideration..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Applications for summoning of witnesses - Grounds urged in both the applications for summoning of persons as witnesses are not liable to be accepted under any circumstance - No material on record to suggest that any payment was made by accused to said witness..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A, 29 -- Illicit traffic - Smuggling of drugs inside jail premises - False implication - DW1 stated that co-accused was arrested day earlier and thereafter story of receipt of secret information was concocted and effort was made that co-accused was arrested while emerging from jail - Accused have undergone a..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with condition to repurchase - Plaintiff mortgaged suit property by executing conditional sale - Condition to repurchase embodied in said document - Defendant agreed to transfer back suit within five years from date of deed - Patta was not transferred to defendant after execution of..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle in question registered in the name of accused financed by private company - When accused failed to pay installments, finance company sold the vehicle to petitioner - Accused has no objection in releasing vehicle - Vehicle held, released on supardaginama to petitioner...........
Motor Vehicles Act, 1988, Section 147 -- Accident - 60% permanent disability - Compensation - Liability of insurer - Accident occurred due to rash and negligent driving of tractor - Appellant travelled in the tractor as a passenger in breach of policy condition, as tractor was insured for agriculture purposes and not for carrying goods - Evidence unambiguously pointed out..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Deceased himself was owner-cum driver of offending vehicle - Accident occurred due to rash and negligent driving of deceased - Deceased being owner of offending vehicle was not a third party within meaning of the Act - Since deceased was victim of his own action of rash and negligent driving, he..........
