Service -- Termination from service - Misconduct - Mere fact that Class IV employee when in financial hardship represents directly to superior but that by itself cannot amount to major misconduct for which punishment of termination from service should be imposed...........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Imposition of penalty to the extent of ten times - No material to show that petitioner intentionally tried to evade payment of stamp duty or attempted to cause loss to revenue - Petitioner is ready and willing to pay deficient stamp duty - Petitioner shall be liable to deposit stamp duty along with equivalent amount as..........
Stamp Act, 1899, Section 35 -- Deficient stamp duty - Imposition of penalty to the extent of ten times - No material to show that petitioner intentionally tried to evade payment of stamp duty or attempted to cause loss to revenue - Petitioner is ready and willing to pay deficient stamp duty - Petitioner shall be liable to deposit stamp duty along with equivalent amount as..........
Agreement to sell -- Specific performance - Readiness and willingness - Defendant was paid more than 85% of agreed amount of consideration - He did not return the same to plaintiff nor expressed willingness to refund the same in his notice - Defendant has enjoyed 85% of consideration and also retained possession of plot for the last 12 long years - Readiness and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused paid the amount of cheque - Leniency should be shown in favour of accused - Order of sentence to undergo S.I for one year and to pay sum of Rs.55,000/- to complainant set aside and accused shall pay a fine of Rs.5,000/-...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiffs in one way pleaded that consideration amount was passed and also that deceased sought to enforce the agreement for re-conveyance - Therefore, instead of seeking relief based on such re-conveyance deed, an untenable relief of declaration..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - While calculating salary of husband deductions to be made are income tax and professional tax - Deductions such as provident fund contribution, house rent recovery, furniture recovery, towards loan obtained, LIC premium and festival advance are accruing to the benefit of husband only and not deductible..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Dismissal of petition u/s 47 CPC for default would not amount to res judicata nor it can tantamount to acquiescence...........
Protection of Children from Sexual Offences Act, 2012, Section 9, 10 -- Aggravated sexual assault on 11 years old girl - Quantum of sentence - Accused though tried to make use of helpless condition of child, but before offence is being committed, child escaped and looking to these aspects minimum sentence of 5 years would serve the purpose - However, no interference..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Complaint by company - Evidence of Power of attorney/PW1 - PW1 had given evidence as branch accountant of complainant company and not as Power of Attorney - Transaction was prior to appointment of PW1 in company - PW1 has no direct knowledge regarding transaction - When complainant limits the..........
