Service -- Voluntary Retirement Scheme (VRS) - Withdrawal of offer - Initially Scheme was floated in July 2005 with offer to retire by August 2006 - There was no extension of Scheme during its currency or even immediately thereafter - More than one year thereafter Corporation gave another opportunity to those who had not submitted applications earlier to submit the same by..........
Hindu Minority and Guardianship Act, 1956, Section 13 -- Treatment/surgery of minor child - High Court allowed father to take the child from India to U.K. for a period of four months - Period extended from first week of October, 2016 to 31st January, 2017 - Father further directed that on completion of treatment, child would be brought back to India and put in the custody..........
Indian Penal Code, 1860, Section 366 -- Offence u/s 366 - Reduction of sentence - 33 years have passed since from the incident - Accused `P' and `H' are now 78 years and 65 years old - Both accused remained in custody for about 3 months and 8 months respectively - Considering the conduct and age of two accused, sending them back to jail to undergo remaining sentence after..........
Land Acquisition Act, 1894, Section 17(1), 17(2), 17(4) -- Urgency clause - Ss.17(1), 17(2) of the Act vest power and jurisdiction in State to take possession of land even prior to passing of award - However, if provision of S.17(4) of the Act is invoked, it enables the State to take such possession even by dispensing with requirement of opportunity contemplated u/s 5-A of..........
Service -- Temporary and badli workers of LIC - Regularization - Back wages - Financial hardship - Temporary and badli workers of LIC, who are entitled for regularization as permanent workmen are also entitled to full back wages as well - However, keeping in view the immense financial burden caused to LIC, it is fit to modify the relief only with regard to back wages..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of 6 months statutory period - Settlement arrived at between parties - Entire dispute between parties and pending cases finally settled - Parties are living separately for more than five years - Keeping in view of the fact that husband has to go back to his work place in U.S.A and wife had to think..........
Civil Procedure Code, 1908, Order 14, Rule 3 -- Non-framing of an issue - Issue as to no, joining of necessary parties - Suit for declaration with consequential relief of possession and injunction, dismissed without framing said issue - No opportunity was afforded to plaintiffs to move an application for impleading necessary parties - Order remanding back to trial Court..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Second appeal - Suit for partition - Court has discretion to implead any person at any stage for effective adjudication of suit - Court is competent to exercise this discretion even at second appellate stage to permit joinder of necessary parties to the suit - Once this permission is granted, order..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Juvenile - Determination of age - Accused declared juvenile only on the basis of statement of principal of school - Neither parents of accused were examined to prove that they got accused admitted in school nor person who filled admission register produced as witness - Inquiry under the Act not..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Plea of accident case - Property dispute between parties - Cause of death is head injury caused to deceased - Accused allegedly caused injuries to deceased with geda and lathi and after killing him, his dead body was thrown below the pulia along with motor cycle - Manner in which liquor bottle was kept between thigh of..........
