Service -- Termination - Respondent working as a peon attached to the Public Prosecutor - Law Department of the Government - Not an industry. (Industrial Disputes Act, 1947, Ss.2(s), 25(g)...........
Criminal Procedure Code, 1973, Section 156(3) -- Order directing investigation by State CID - Power of Magistrate - Held, provisions of law comprised under the Code of Criminal Procedure nowhere empower Magistrate to direct investigation to police officer other than one attached to police station situated within the territorial jurisdiction of Court of such a Magistrate -..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 90 -- Execution - Objections - Dismissed for default - Attached property ordered to be auctioned - Application for restoration of objections filed - Application for stay of auction rejected - Property auctioned - Execution pending for consideration of application for restoration of objections and also for submission of..........
Customary Law -- Rattigan's Digest of Customary Law - Para 87 of said digest provides that by entering into a religious fraternity a person presumably ceases to be qualified to perform purely worldly acts, and loses all rights of inheritance in his natural family. - Para 89 of said digest is to the effect that all property acquired by individual members of a religious..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Money suit - Petitioner directed not to dispose off his property without prior permission of Court - Case remanded - Only so much of property of the value can be attached which is sufficient for satisfaction of the decree - Rest of the property be released from attachment...........
Official witnesses -- There is no hard and fast rule that official witnesses are not fair witnesses - They being functionaries of the State are supposed to disclose the events in the manner as happened at the spot - They are as good witnesses as the public witnesses are, unless any hostility, enmity or stigma is attached to them - However, before placing reliance on the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Banker's cheque - Account attached by Income Tax Department - Issuance of Bankers cheque being the result of an oversight or negligence - Offence u/s 138 of the Act is not made out - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bankers cheque issued inspite of account attached by Income Tax Department - No offence is made out - Tort of negligence is not ingredient of an offence u/s 138 of Negotiable Instruments Act, 1881...........
Specific Relief Act, 1963, Section 37 -- Trespasser - Injunction against true owner - Plaintiff shown to be in possession in Khasra Girdawari - Owner recorded to be in possession in Jamabandi -Presumption of truth attached to Jamabandi - Plantiff in unauthorized possession - Non in settled possession - Trespasser in absence of owner - Injunction declined - Punjab Land..........
Insurance claim -- Exclusion clause - Damage to the machinery caused due to flood - As there is no proposal form, guided by the cover note, and the policy along with its annexures - Both these documents indicate that this is a fire policy 'C' and the exclusion clauses attached to the policy clearly exclude 'flood' from the policy - Order of the State Commission allowing..........
