Contempt of Courts Act, 1971, Section 2(c) -- Decree of divorce - Appeal filed - Second marriage solemnized by husband/respondent - Whether the act of marriage by the respondent after the filing of the appeal interferes or obstructs the administration of justice and thereby amounts to a criminal contempt within the meaning of section 2(c)? - Referred to Larger Bench...........
Industrial Disputes Act, 1947, Section 2(oo) , 25F -- Misconduct - Termination - Principles of natural justice - Neither charge - sheet issued nor enquiry conducted - After termination show cause notice issued - Enquiry held ex parte - Findings of the Labour Court that the respondent workman could not be faulted for not participating in the departmental enquiry as his..........
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..........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Deposit of amount by complainant-Trust with OP as investment - Rate of interest varied to its disadvantage unilaterally - Complainant Trust and not a person who had hired or availed the services of the respondent for consideration -It had only made investments with the respondents to enhance the..........
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...........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Appeal barred by time - Application for condonation of delay - Appellate Court allowed appeal without deciding the application for condonation of delay - Judgment of Appellate Court is wholly without jurisdiction - Incumbent upon the Court to decide application under section 5 before..........
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..........
Consumer Protection Act, 1986, Section 2(1),(d),(ii) -- Consumer - Agency - Public Provident Fund Scheme - Failure to pay commission to the respondent complainant an agent by petitioner OP - Complaint filed under the Act - Held that without fulfilling the ingredients as envisaged by Section 2(1) (d) (ii) the respondent cannot be a 'consumer' so as to maintain complaint..........
