Civil Procedure Code, 1908, Section 100A(as - - Letters Patent Appeal - Whether Section 100A as substituted by Section 14 of the Code of Civil Procedure (Amendment) Act, 2002 shall have retrospective effect or is prospective in operation with effect from 01.07.2002? - Held that No Letters Patent Appeal shall lie from the judgment, decree or order of Single Judge in the..........
Prevention of Corruption Act, 1988, Section 19(1)(c) -- Sanction - All India Institute of Medical Sciences Regulations 1999 - Criminal Procedure Code, 1973 - Section 197 - As per regulation Governing body was competent to consider question of sanction - President of Governing body refusing sanction and sought ratification by Governing body - Whether governing body should..........
Prevention of Corruption Act, 1988, Section 19(1)(c) -- Criminal Procedure Code, 1973 - Section 197 - Sanction - Non consideration of tape conversation - Would not vitiate sanction - Sanctioning authority has only to see whether the facts disclosed in the complaint prima facie disclose commission of offence or not - Actual production of tapes etc. are matter of proof to be..........
Industrial Disputes Act, 1947, Section 11A -- Penalty - Substitution of penalty - Allegation of collecting money from passengers and not issuing the tickets - Labour court exercised power under section 11-A and found that misconduct is proved to some extent - Dismissal converted into discharge simpliciter by Labour Court - Considering the fact that the workmen is dead such..........
Industrial Disputes Act, 1947, Section 2(1),(j) -- Industry - Forest Department of the `State'- Whether industry ? - Held that Forest and Environment Department of the State Government is not an industry under Section 2(j) of the Act - Whether any of its unit, establishment or undertaking is an industry or not will depend upon the nature of the work done by such entity -..........
Industrial Disputes Act, 1947, Section 2(1),(j) -- Industry - Irrigation department of the State - Whether Industry? - The activity of Irrigation and Canal works undertaken by the Narmada Water Resources and Water Supply Department is an `industry' under Section 2(j) of the ID Act,1947...........
Constitution of India, 1950, Article 226,227, Industrial Disputes Act, 1947, Section 2(1),(j) -- Industry - New plea - The question whether the Department of Government is industry within the meaning of Section 2(j) of the Act is a mixed question of law and facts - It, therefore, cannot be allowed to be raised first time before the High Court, if it is not raised before..........
Consumer Protection Act, 1986, Section 2(1)(m)(i) -- Person - Complainant firm - Complaint signed and verified by only one of the two partners - A firm whether registered or not is a person as provided under Section 2(1)(m)(i) of the CP Act - No irregularity in complaint being signed only by one partner as the provisions of CPC are not applicable to the proceedings before..........
Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Conviction for offence other than charged - Accused charged with section 302, however convicted under section 306 - Conviction upheld - Court can convict an accused for an offence for which no charge was framed unless court is of the opinion that a failure of justice would..........
Indian Penal Code, 1860, Section 302, 306, Criminal Procedure Code, 1973, Section 222, 464 -- Charge - Conviction under section 306 when accused was charged for offence u/s 302 - Wife setting herself and her two daughters on fire - Allegation of demand of dowry proved - Reason for suicide due to harassment on account of demand of dowry proved - Accused getting ample..........
