Indian Penal Code, 1860, Section 304B, 498A -- Dowry death - Cruelty - In S.304-B there is no explanation of cruelty - Meaning of 'cruelty' or 'harassment' is the same as prescribed in the Explanation to Section 498-A under which 'cruelty' by itself amounts to an offence...........
Indian Penal Code, 1860, Section 397 -- Robbery - Essential ingredients of provision of S.397 IPC are as follows: (1) Accused committed robbery; (2) While committing robbery or dacoity (i) accused used deadly weapon (ii) to cause grievous hurt to any person (iii) attempted to cause death or grievous hurt to any person; (3) 'Offender' refers to only culprit who actually..........
Indian Penal Code, 1860, Section 397 -- Robbery - Essential ingredients of provision of S.397 IPC are as follows: (1) Accused committed robbery; (2) While committing robbery or dacoity (i) accused used deadly weapon (ii) to cause grievous hurt to any person (iii) attempted to cause death or grievous hurt to any person; (3) 'Offender' refers to only culprit who actually..........
Industrial Disputes Act, 1947, Section 33(2),(b) -- Findings by the High Court that order of dismissal of employee during pendency of industrial dispute void for omission on the part of the bank to file application u/s 33(2) (b) of the Act upheld - Held that the proviso to Section 33(2) (b) of the Act affords protection to a workman to safeguard his interest and it is in..........
Administrative Tribunals Act, 1985, Section 19 -- Karnataka Administrative Cadre and Recruitment Rules, 1986 - Locus standi - Promotion - Quashing of Rules - Jurisdiction - Promotion of stenographers affecting the Assistants since there was a confluence of the two streams leading to promotional posts - Administrative Tribunal took decision without notice to the Assistants..........
Indian Penal Code, 1860, Section 201 -- Offence u/s 201 IPC - Ingredients to be established are : (i) committal of an offence; (ii) person charged with the offence under Section 201 must have the knowledge or reason to believe that an offence has been committed; (iii) person charged with the said offence should have caused disappearance of evidence and (iv) the act should..........
Indian Penal Code, 1860, Section 375, 90 -- Sexual relationship - Consent - Promise to marry - If at the very inception of making of promise, accused had no intention of marrying and the promise to marry was a mere hoax, then consent ostensibly given by the victim will be of no avail to the accused to exculpate him from the ambit of Section 375 clause second...........
Industrial Disputes Act, 1947, Section 25FFF, 25F -- Scope - In order to attract Section 25FFF it is not necessary that the entire establishment of an employer should be closed - If a unit or part of an undertaking which has no functional integrity with other units is closed, it will amount to closure within the meaning of Section 25FFF of the Act and workmen are only..........
Industrial Disputes Act, 1947, Section 2(oo),(bb), 25F -- The employment was for a specific project - The order of the High Court proceeded on the basis that because there was non-compliance with the requirements of Section 25-F - The basic question relating to applicability of Section 2(oo) (bb) of the Act has been completely lost sight of - Matter remitted to the..........
Army Act, 1950, Section 20,22 -- Discharge - Jurisdiction - Quoting wrong provision - Section 20 of the Army Act quoted in discharge order - It does not take away the jurisdiction of the competent authority under Section 22 of the Army Act - The order of discharge of the appellant from the army service cannot be vitiated on this sole ground...........
