Industrial Disputes Act, 1947, Section 11A -- Apparent from the pleadings and evidence led by the parties that both the parties had accepted the order dated 15.3.1982 passed by the Apex Court and have given effect thereto - In compliance of that order the parties have led their respective evidence on merits of the charges framed by the Management against the workman and on..........
Banking service -- FDR - Non payment of maturity amount on the plea the FDR in question is forged one - Another version put that the complainant has already availed of the facility of overdraft of Rs. 95,000/ - Clear from records that Bank has initiated criminal proceedings against the Manager and the Daftari for the loss of FDR book - Bank had initiated disciplinary..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - While granting bail Court may impose conditions in the light of the facts of the particular case, as it may think fit, including (i) a condition that a person shall make himself available for interrogation by police officer as and when required, (ii) a condition that the person shall not, directly or..........
Delhi Rent Control Act, 1958, Section 14(1)(a), 26 -- Arrears of rent - Interest - Tenant not paying rent month to month - Under Section 26 of the Act, tenant has to pay interest @ 15% per annum - In a suit for eviction, tenant paying rent but not interest - Held, tenant is liable to eviction...........
Indian Penal Code, 1860, Section 452 -- House trespass - Not necessary that at the time of committing house-trespass accused must be in possession of deadly weapons and that hurt should actually be caused, on the person of the victim. For constituting the offence, punishable under Section 452 of the Indian Penal Code, it is not necessary that at the time of committing..........
Companies Act, 1956, Section 630 -- Company allotted residential premises to its Managing Director - Death of Managing Director - Daughter of deceased M.D. continued to remain in possession of premises and refused to surrender possession back to the company - Held, company is within its legitimate rights and jurisdiction to preserve its property - If the legal..........
Industrial Disputes Act, 1947, Section 33 -- C(2) - Industrial worker - Working on Saturdays - Claim for wages - Direction where the High Court had adjudicated upon the entitlement of industrial staff vis - a - vis the ministerial staff with regard to Saturdays as holidays - The petitioner applicant and non petitioner applicants did have a pre - existing right which would..........
Civil Procedure Code, 1908, Section 100 -- Scope - (i) The High Court would be justified in admitting the second appeal only when a substantial question of law is involved; (ii) The substantial question of law to precisely state such question; (iii) A duty has been cast on the High Court to formulate substantial question of law before hearing the appeal; (iv) Another part..........
Punjab Pre-emption Act, 1913, Section 4, 15 -- Sale of land described as Gair Mumkin Bara in the revenue record - Held, co sharer of land not entitled to pre-emption even though it is not an agricultural land - It shall remain village immovable property if the land is situated in the village and the provisions of Section 15 of the Act shall be applicable to such land...........
Criminal Procedure Code, 1973, Section 145(4) -- Magistrate when proceeds under the proviso to sub-section (4), he may restore possession to the party forcibly and wrongfully dispossessed...........