Industrial Disputes Act, 1947, Section 10,25F -- Termination - Reference - Delayed reference - Relief - Findings of the Industrial Tribunal that the employer has violated Section 25F - Order of Termination bad in law - Relief cannot be denied on the ground of delay - Appellant has not offered any semblance of explanation of delay - Respondent-Board directed to pay a sum of..........
Banking service -- Dishonour of cheque - Instructions given by petitioner-complainant for stop payment of cheque in question which was for Rs. 1,45,000/- while amount of Rs. 1,311/- was lying in balance - Endorsement by Bank 'no sufficient fund' instead of 'stop payment' - Plea that he had to defend for offence under Section 138 of the NI Act - Stop payment endorsement..........
Employee's State Insurance Act, 1948, Section 2(9),2(13),82(2) -- Employees State Insurance - The expression 'Employee' - Appellate jurisdiction - Held that the High Court while dealing with the appeals under Section 82(2) of the Act is required to analyse the factual position to see whether the definition of employee in terms of Section 2(9) of the Act applies to the..........
Haryana Panchayati Raj Act, 1994, Section 176(4)(a), 176(4)(b) -- Election of Sarpanch - Total 2329 votes polled - 185 votes declared invalid - 2144 votes found to be valid - Returned candidate secured 612 votes - Defeated candidate secured 588 votes - Election petition - Pleas regarding irregularities and illegaties committed during course of election and also counting..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 5, 18(6), Punjab Security of Land Tenures Act, 1953, Section 21, 24 -- Illegal order - Effect & Consequences - Land of Gram Panchayat declared surplus in 1961 - Compensation paid and received by Gram Panchayat - Land subsequently allotted by Government to various persons in 1976 - First installment deposited by the..........
Consumer Protection Act, 1986, Section 11(3) -- Territorial jurisdiction - Housing scheme - Prospectus purchased and application made in prescribed form along with 10% of the cost of the house in the prescribed authorized Bank OBC located at Delhi - The deposited amount refunded to the complainant at Delhi - The cause of action arose in 'part' in Delhi as OBC located in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR or criminal proceeding - Principles governing : (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; (2) Where the allegations in..........
Industrial Disputes Act, 1947, Section 2(oo) , 25F -- Retrenchment - Back wages - Retrenchment of the workman was in violation of Clause 14 of the service Rules as well as Section 25F of the Act - Findings that the workman was not gainfully employed after his retrenchment - Since the workman has not been permitted to join his duties the labour Court has correctly granted..........
Consumer Protection Act, 1986, Section 25,27 -- Execution proceedings - There is no bar under the CP Act that execution applications cannot be simultaneously filed under Section 25 and 27 of the Act...........
Evidence Act, 1872, Section 113B -- Presumption - To be raised only on proof of the following essentials viz. (1) The question before the Court must be whether the accused has committed the dowry death of a woman. (This means that the presumption can be raised only if the accused is being tried for the offence under Section 304B IPC); (2) The woman was subjected to cruelty..........
