Service -- Reinstatement - Back wages - Conduct of workman plays an important role as regards direction to pay back wages - Totality of circumstances are to be considered - Workman not joining duties despite having been asked to do so by registered letter as well as publication of notice in newspaper - Held, workman is not entitled to back wages...........
Constitution of India, 1950, Article 229 -- Allahabad High Court Officers and Staff (Conditions of Service and Conduct) Rules, 1976, Rules, 16, 36 and 40 - Service conditions - Pay scales - Fixation of pay scales of officers and servants of High Court - Mere forwarding of a representation by the High Court to the State Govt. to consider the same favourably without anything..........
Indian Penal Code, 1860, Section 363, 376, 300 -- Kidnapping, rape and murder - Dead body of minor girl recovered from pond in early morning - Accused immediately arrested and cloths worn by him sent for chemical examination - Accused could not give any rational explanation for presence of blood stains on his clothes mixed with semen - Evidence that accused was moving..........
Benami Transactions (Prohibition) Act, 1988, Section 2, 3 -- Benami - Guiding factors : (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any, for giving the transaction a benami colour; (4) the position of the parties and the relationship, if any, between the claimant and the alleged..........
Waiver -- Estoppel - Difference between the two - Whereas estoppel is not a cause of action; it is a rule of evidence - Waiver is contractual and may constitute a cause of action - It is an agreement between the parties - A right can be waived by the party for whose benefit certain requirements or conditions had been provided for by a statute subject to the condition that..........
Criminal Procedure Code, 1973, Section 482 -- By citing overruled judgment relief got from High Court - Order of High Court set aside - Case remitted back - Supreme Court expressed its anguish at the falling standard of professional conduct - Members of the Bar are officers of the Court - They have a bounden duty to assist the Court and not to mislead it...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Partnership - Partners - Absence of averments in complaint that partners are Incharge of and responsible to the firm for the conduct of the business of the firm - Order of Magistrate discharging the appellants restored...........
Central Civil Services (Conduct) Rules, 1964 -- Parallel proceedings - Criminal and departmental proceeding - Offence of accepting the illegal gratification - Standard of proof, the mode of inquiry and the rules governing the inquiry and trial in both the cases are distinct and different - No bar to initiate the parallel criminal and departmental proceeding...........
Essential Commodities Act, 1955, Section 7 -- Company - Offence by - Company or every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company and any director, manager, secretary or other officer of the company with whose consent or connivance or because of neglect..........
Indian Penal Code, 1860, Section 302 -- Murder - Chance witness - Conviction based on testimony of sole eye witness who was a chance witness - His presence at the place of incident highly doubtful - His conduct too unnatural in not informing anyone else in the village - Conviction cannot be sustained...........
