Criminal Procedure Code, 1973, Section 239 -- Discharge - If cognizance of offence is taken beyond the period of limitation, it is time barred, there cannot be legal trial and in that case, charge would only be groundless and trial is a futile exercise - Accused discharged...........
Service -- Compulsory retirement - Provident Fund - In the enquiry report quantification of loss caused not recorded - In the charge sheet, allegations causing loss and quantifying the amount of loss not specified - An opportunity not afforded to the employee on the issue of causing loss or damage to the Bank, prior to the passing of resolution of appropriation of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 54 kg poppy husk - Law does not require only an independent witness to prove a charge attracting the provisions of the Act...........
Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, Family Courts Act, 1984, Section 7, Court Fees Act, 1870, Section 7 -- Suit for grant of maintenance and creating charge over properties filed in Family Court - Such suit can be tried by Family Court and not by separate suit - Plaintiff not liable to pay ad valorem court fee...........
Consumer Protection Act, 1986, Section 12, 21 -- Consumer complaint - Medical negligence - Patient received treatment in multiple hospitals and `TT' procedure was reinstated several times - Considering multiple procedures, prolonged intubation, severe injuries and subsequent medical complications, it would be unsound to link or attribute the complications solely to `NI'..........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge - Omission to frame charge does not disable Court from convicting accused for the offence which is found to have been proved on the evidence on record...........
Criminal Procedure Code, 1973, Section 228 -- Omission to frame charge u/s 306 IPC - Deceased in her dying declaration clearly stated that deceased was mentally traumatized and she was unable to tolerate the torture and harassment meted out by accused on account of which she committed suicide - It is this taunting or mental torture which she could not withstand and forced..........
Service -- Dismissal from service - Employee attained the age of superannuation and charge sheet filed thereafter - On the date of superannuation, no disciplinary proceedings was pending against him - Order of removal or dismissal from service can be passed only when an employee is in service - If a person is not in employment, question of terminating his service..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Merely because somebody is managing the affairs of Company, per se he would not become in charge of the conduct of business of company or the person responsible to company for conduct of business of company...........
Criminal Procedure Code, 1973, Section 216, 374, 386 -- Appeal against conviction - Alteration/addition of charge in the absence of advocate of accused - Grave prejudice has been caused to appellant by altering charge without giving notice to accused or his advocate about alteration of charge...........