Indian Penal Code, 1860, Section 300 -Clause Thirdly - Culpable homicide - For applicability of S.300 thirdly prosecution must prove : (1) it must establish, quite objectively, that a bodily injury is present; (2) the nature of the injury must be proved; These are purely objective investigations; (3) it must be proved that there was an intention to inflict that particular..........
Indian Penal Code, 1860, Section 149 -- Unlawful assembly - Where common object of an unlawful assembly is not proved, the accused persons cannot be convicted with the help of Section 149...........
Industrial Disputes Act, 1947, Section 2(j) -- Industry - Indian Red Cross Society - Held to be an industry under Section 2(j) of the Act...........
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..........
