Industrial Disputes Act, 1947 -Sch.2, Item 3 - Compensation in lieu of reinstatement - Appellant worked for about 14 years - Respondent directed to pay Rs.2.5 lakhs as compensation to appellant in full and final settlement, so that appellant may not be re-instated with back wags - However, in case respondent is aggrieved by this order, it would be open to him to move this..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151, Order 8, Rule 1(3), Civil Procedure Code, 1908, Order 16, Rule 1 -- Expert opinion - Private expert - Any report obtained by a party privately and directly and behind the back of one of the parties and without intervention of Court and without orders from a Court cannot be permitted to be received on..........
Power of Attorney Act, 1882, Section 1A, 2 -- Power of attorney - Scope of authority - Suit for specific performance - Power of attorney executed with respect to earlier agreement of 1993 and not with respect to agreement of 1995 - However, power of attorney holder entered into compromise and transferred 65% share of plaintiff to subsequent purchaser with regard to..........
Civil Procedure Code, 1908, Section 35A -- Infringement of decree by tenant - Compensatory costs - Tenant enjoying possession of property despite eviction decree passed about 40 years back - Compensatory costs of Rs.50,000/- awarded...........
Constitution of India, 1950, Article 226 -- Habeas corpus - Custody of minor - Claimed by parents of minor - Detenue, a minor girl who eloped with respondent was presently staying with him, who claims to be her husband - Since detenue is minor, marriage not in consonance with S.5 of Hindu Marriage Act - Detenue cannot be permitted to take decision on her own - However,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint rejected without affording opportunity of hearing to parties - Several rights decided without properly considering them - Trial Court acted in exercise of its jurisdiction illegally or with material irregularity - Impugned order of rejecting plaint set aside - Matter remade back for decision..........
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 498A, 406 -- Offence u/ss.498A, 406 I.P.C. - Trial Court convicted and sentenced the accused for 1 year imprisonment - Appellate Court took lenient view on the ground that accused would lose his Government job therefore, released him on probation subject to payment of Rs.2.50/- lakhs - Wife..........
Constitution of India, 1950, Article 226 -- Respondent-Union are claiming their right under provisions of Tamil Nadu Industrial Establishment (Conferment of Permanent State to Workmen) Act, 1981 - High Court while deciding writ petitions and connected matters did not consider the fact whether Act is applicable to members of respondent-Union - Held, that submission appears..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - Bonafide requirement - Leave to defend - Indian citizenship - Proof of - Any person who is willing to come back to India and who was born or whose parents were in manner defined, will continue to be NRI notwithstanding any assumption of citizenship of foreign country - However,..........
Plot -- Cancellation of plot - Non payment of installments - Extension of time - Stage where petitioners could seek some more time to make defaulted instalments had already been over - High Court committed error by allowing such application without considering the merits of case and successive orders with regard to cancellation and rejection of request, for extending time..........
