Punjab Land Reforms Act, 1972 - - Surplus land - Determination of - Original petitioner in writ petition died during pendency of proceedings before final determination of surplus under the Act - Held, case has to be remitted to Collector (Agrarian) for fresh determination by taking note of subsequent event of devolution of interest of property of assuming all properties..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Revision - Compromise - Matter has been settled between parties amicably - Accused had paid a sum of Rs.32,000/-, in order to discharge cheque amount - Complainant is fully satisfied with full and final settlement - Complainant has no objection to set-aside conviction..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant submitted an application that compromise is arrived at between parties and petitioner has paid full amount of cheque in question - Held, impugned judgment and order of conviction set aside in view of compromise arrived at between parties, with condition that..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Revision - Compromise between parties - Petitioner/accused paid full amount of cheque in question with interest - Looking to poor condition of petitioner, in interest of justice, impugned judgment set aside in view of compromise arrived at between parties, with condition..........
Criminal Procedure Code, 1973, Section 164 -- Statement u/s 164 Cr.P.C. - Police protection - Lady wanting to make statement to a Magistrate at Saharanpur - Living at present at Allahabad - She was apprehensive abut her life being in danger and that is the reason she is seeking protection during that course - Statement u/s 164 Cr.P.C. can be recorded even by Magistrate..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Acquittal - Validity - Plea of accused that cheques were issued to complainant by way of security for due performance of work entrusted and complainant failed to perform its part of contract and as cheques were not issued for due repayment of amount of Rs.100 lakhs, ingredients u/s. 138..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Parameters to be considered while considering application for anticipatory bail:- (i) Nature and gravity of accusation and exact role of accused must be properly comprehended before arrest is made; (ii) Antecedents of applicant including fact as to whether accused has previously undergone imprisonment on..........
Service Law -- Major penalty - Need of full fledged inquiry - Held, in service jurisprudence, minor punishment is permissible to be imposed while holding inquiry as per procedure prescribed for it but for removal, termination or reduction in rank, a full fledged inquiry is required otherwise it will be violative of provisions of Art.311 of the Constitution of India...........
Constitution of India, 1950, Article 133 -- Service matter - Compromise - Respondent-school and the Simiti stated that they were willing to pay to appellant a sum of Rupees one lakh in full and final settlement of claim made by him towards back wages - Appellant was ready and willing to accept said amount in satisfaction of his claim - Held, parties having agreed to a..........
Service -- Suspension - Claim for full wages - Principle of no work no pay - Application of - Held, the cases where the Rules provide for suspension for pendency of criminal case, the fact that the conviction is later on set aside cannot obtain right to claim the full wages at all times - If the petitioner could not have been employed as per the Conduct Rules providing..........
