Service -- Misconduct - Removal from service - Inspector conducted inspection of vehicle in which workman is conductor and found that 17 passengers were without ticket - Said fact has not been disputed in cross-examination - When inspector tried to record statements of passengers, conductor misbehaved with him and used unruly words - Mere fact that Inspector was not able..........
Service -- Benefit of seniority - Employees who are appointed on ad hoc basis after qualifying typing test at later stage, in absence of scheme of rules in determining seniority, could not have march over such of employees who were appointed on substantive basis after going through process for holding regular selection - Order granting benefit of seniority to employees..........
Consumer Protection Act, 1986, Section 51 -- Appeal to National Commission - Stay of order passed by State Commission - National Commission can grant stay (i) directing the appellant to deposit the entire amount and/or any amount higher than 50 per cent of the amount in terms of the order of State Commission; (ii) National Commission has to assign some cogent reasons and..........
Consumer Protection Act, 1986, Section 51 -- Second Proviso - Appeal to National Commission - Deposit of 50 per cent of amount for entertaining appeal by National Commission - This does not take away the jurisdiction of National Commission to order deposit of entire amount and or any amount higher than 50 percent of the amount while considering the stay application to stay..........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attack on police party - police party was escorting four accused from the Central Jail and they were to be produced in Court - They boarded the train when train reached at Railway Station four young boys entered their compartment and attacked police party in..........
Motor Vehicles Act, 1988, Section 166 -- Fatal accident - Compensation - Income of deceased - Deceased was 25 years old at the time of accident and was a Bachelor of Engineering in Computer Technology - Tribunal thus, rightly considered the income of deceased @ 20,000/- p.m. - High Court committed error by reducing compensation from 30,54,000 to 15,82,000 by allowing..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonor of cheque - Presumption - Appeal against acquittal - No valid documentary evidence produced by complainant for substantiating legality or existence of any legally enforceable debt or other liability on part of accused - Even, said debt/liability is not reflected from relevant balance-sheet which was..........
Criminal Procedure Code, 1973, Section 439, 482 -- Bail - Quashing of order granting bail - Plea of accused that he has not misused liberty shown to him while releasing him on bail, therefore order granting bail may not be quashed - Quashing and setting aside wrong order releasing accused on bail and to cancel the bail of accused on misuse of liberty etc., both stand on..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 384, 386, 387, 34, Maharashtra Control of Organised Crime Act, 1999, Section 3(1)(ii), 3(2), 3(4), 3(5) -- Bail - Quashing of order granting bail - Offence u/ss 384, 386, 387, 34 IPC and Ss.3(1)(ii), 3(2), 3(4), 3(5) of MCOCA Act - Allegation against accused are very serious in nature - High..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To know the existing position at spot - Does not amount to collecting evidence on behalf of plaintiff - Order appointing Local Commissioner calls for no interference...........
