Criminal Procedure Code, 1973, Section 218, 223 -- Joint trial - Cases registered for the offences indictable u/s 120-B r/w Ss.420, 467, 468, 471 of IPC and Section 13 of Prevention of Corruption Act - Second FIR registered on same set of facts - Trials relating to both the cases pending in the same court - Material on record do not suggest that offences as alleged have..........
Industrial Disputes Act, 1947, Section 10(1) -- Reference - Out of 24 items reference made of only 3 demands and other demands not found justified by the appropriate Government - The elaborate reasons given by the Conciliation Officer and affirmed by the Government exceed the jurisdiction of the power vested in the Government under Section 10 of the Industrial Dispute Act..........
Criminal Procedure Code, 1973, Section 300, Indian Penal Code, 1860, Section 285, 286, 337, 338, 304A, Factories Act, 1948, Section 92 -- Rash and negligent act by petitioner/occupier or Manager of factory resulting into death of worker - Petitioner has not been convicted and/or acquitted in either of case as Section 92 of the Factory Act do no prescribe punishment for..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Impleading of L.R's - Courts are not required to delve into the question of title - Court is only required to see whether the person sought to be substituted has any right or whether he is the legal representative of the heirs, as defined under Section 2(11) CPC...........
Industrial Disputes Act, 1947, Section 33(2)(b) -- Punishment - Compulsory retirement - The order of compulsory retirement passed against the petitioner after holding domestic enquiry - The order passed stigmatic in nature - The order can be treated as an order of dismissal for the purposes of proviso to Section 33(2)(b) - It was obligatory for the respondent to have..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, 2(k), 49, 12 -- Juvenile - Bail - Accused contended that he was juvenile - Incident took place on 11.01.2007 - As per admit cards issued by the Bihar Madhyamik Pariksha Samiti, Patna, date of birth of accused 14.06.1990 - Held, accused was juvenile on the date of offence and his case covered under..........
Insurance Act, 1938, Section 64UM -- Surveyor - Appointment - Second Surveyor - The Surveyor/Surveyors are appointed by the insurance company under the provisions of Insurance Act and their reports are to be given due importance - One should have sufficient grounds not to agree with the assessment made by them - Under Section 64UM the insurance company cannot go on..........
Indian Penal Code, 1860, Section 498A, Evidence Act, 1872, Section 113(a) -- Abetment to commit suicide by married woman - Presumption - Allegation that the accused used to ill treat his wife as he was suspecting her fidelity - No material sufficient to prove this allegation - Prosecution witnesses also did not support prosecution case - Held, presumption under Section..........
Industrial Disputes Act, 1947, Section 2(oo)(bb), 25H -- Retrenchment - Extension given to the petitioner on a specific stipulation that the reengagement was being done only till a regular employee was appointed - This stipulation specifically excepted under the proviso contained in Section 2(oo)(bb) - The workman cannot assert any right u/s 25 H of the ID Act - In order..........
Criminal Procedure Code, 1973, Section 210 -- Complaint case as well as FIR arising out of same incident - Police after investigation submitted report under Section 173 of the Code - Held, both the cases be clubbed and tried in a manner as prescribed for a case registered by the police...........
