Industrial Disputes Act, 1947, Section 2(oo) , 11A -- Termination - After holding departmental proceedings - The checking of the bus by flying squad is admitted by the workman - The petitioner himself admitted that eight passengers were apprehended - Thus there was no need to examine the passengers - A fair and reasonable opportunity was afforded to the petitioner to cross..........
Civil Procedure Code, 1908, Order 26, Rule 10-A, Evidence Act, 1872, Section 45, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Local Commissioner - Second visit - Local Commissioner appointed who submitted his report - As there was subsequent deterioration of premises Local Commissioner again allowed to reinspect the premises for filing..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Once the holder of the cheque received the cheque of the nature mentioned in S.138 of the Act, the presumption u/s 139 would arise that it is for the discharge, in whole or in part or any debt or other liability - But, such a presumption is rebuttable and the accused can..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Plea of returning amount in presence of two witnesses - These two witnesses not examined - Complainant not cross examined regarding repayments - Story of repayment came for first time in statement of accused u/s 313 Cr.P.C. - Case of accused inconsistent and self..........
Indian Penal Code, 1860, Section 498A, 302, Dowry Prohibition Act, 1961, Section 4 -- Dowry death - Circumstantial evidence - PW's categorically admitted that deceased never personally informed him about the alleged harassment by the respondent - PW has also admitted in his cross examination that accused never demanded any money from him directly or personally - He also..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of a witness - On such recall, only the Court is entitled to put questions to the witness and not the parties - However, parties can suggest to Court the questions to be so put and the Court under inherent powers can also permit the party to examine/cross examine such recalled witness...........
Civil Procedure Code, 1908, Order 18, Rule 1, Civil Procedure Code, 1908, Order 18, Rule 17 -- Applicant now wants to examine the witness whom he had earlier cross examined - Practice needs to be curbed and is equally unhealthy as a practice...........
Medical negligence -- By pass heart surgery - Socking pad allegedly left in the sternum - Expert opinion/evidence absent in the case - The son of the complainant who is an Ayurvedic doctor being an interested party, his evidence has rightly been rejected to be an expert evidence by the State Commission - Despite opportunity complainant failed to produce any expert..........
Criminal Procedure Code, 1973, Section 231(2), Evidence Act, 1872, Section 137, 138, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Prosecution under NDPS Act - Cross examination of a prosecution witness cannot be deferred till recording of examination-in-chief of other prosecution witnesses - It is both irregular and inconvenient...........
Consumer Protection Act, 1986 -- Cross objection - At appellate stage - Held that as per the provisions of CP Act there is no provision for cross objection...........
