Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for completing investigation - Application for extension of time filed prior to expiry of 180 days - S.36-A(4) Proviso of NDPS Act does not stipulate that application has to be filed on the last date of expiry of time for investigation - Nor does it preclude the prosecution from..........
Evidence Act, 1872, Section 45 -- Expert opinion - Application dismissed being delayed whereas earlier same application was dismissed by holding it to be premature - Petitioner cannot be made to loose on account of the stage on both the occasions, earlier on account of same premature and now the same being delayed - Impugned order set aside - Matter remitted for decision..........
Arbitration and Conciliation Act, 1996, Section 11(6), 15(2) -- Arbitrator - Sole arbitrator recusing himself - Substitute arbitrator is required to be appointed following procedure in the arbitration clause - It was incumbent on the petitioner to give notice and explore the possibility of naming an arbitrator by mutual consent and only on failure thereof application u/s..........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Premature complaint - Notice issued on 12.10.2010 - Complaint filed on 19.10.2010 - Complaint filed before accrual of cause of action, as 15 days period specified u/s 138(c) of the Act has not expired, is not maintainable - It is redundant to decide as to on which date cognizance was taken -..........
Service -- Compulsory Retirement - Adverse entries against employee - Employee contended that after promotion earlier adverse entries totally lost their significance - Contention rejected as entire record can be scrutinized by employer to adjudge justification of continuance of employee after reaching a particular age as contemplated in Regulations. (Electricity (Supply)..........
Service -- Compulsory Retirement - Order of compulsory retirement is not a punishment - It also does not cast a stigma - But when by any incorporation or some reference or otherwise some stigma is attached to the order of compulsory retirement, it would be treated as an order of punishment, falling in a different compartment altogether losing its features of order of..........
Service -- Compulsory Retirement - Employee contended that order of compulsory retirement is stigmatic as it expressly uses certain kind of language from which it becomes stigmatic - Previous misconduct and punishment visited to employee has been validly stated in the order of compulsory retirement - Entire record of employee has been scrutinized - Use of words like..........
Criminal Procedure Code, 1973, Section 433A, Indian Penal Code, 1860, Section 302 -- Murder - Premature release - Petitioner had already undergone his mandatory minimum sentence required under the provisions of Cr.P.C. as well as Jail Manual framed by State - Case of petitioner does not fall under heinous crime as per State Jail Manual and recommendations made by State..........
Criminal Procedure Code, 1973, Section 433, 433A -- Pre-mature release - Where a convict has preferred an appeal against conviction his case for pre-mature release cannot be rejected - Government has to consider the case of convict despite pendency of appeal before Court as to whether he is entitled to premature release...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Taking cognizance of offence after expiry of 15 days as stipulated u/s 138(c) of the Act does not cure legal defect of premature complaint - Continuation of proceedings against accused `A1' and `A2' not legally sustainable - Proceedings u/s 138 of the Act quashed...........
