Service -- Termination - Applications for voluntary retirement filed by respondents were kept pending by appellants for no reason till orders of termination were passed - Though conduct of appellants in not deciding the applications cannot be supported at all, but there was no reason for respondents to take recourse to absenteeism - Respondents have already reached the age..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First appellate Court has allowed the application U.O.41.R.27 CPC in a perfunctory manner, bereft of reasons as to why application has been allowed at appellate stage - Order allowing application set aside...........
Prevention of Money Laundering Act, 2002, Section 4 -- Offence u/s 4 of the Act - Quashing of summons - Merely because respondent has been discharged in predicate offence, Court cannot quash the summons - Questions as to whether the respondent would be arrayed as an accused or not, is a matter which has to be decided at a later stage - Order of quashing summons set aside...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Claimants have established their case that it was the truck which was involved in the accident with car wherein deceased was travelling - Specific plea of collusion as set up by insurance company not established - Death of deceased thus, caused by driving of truck by respondent no.2 in a rash and negligent..........
Adverse remarks -- Expunging of - High Court while granting bail made adverse observations against appellant a District and Sessions Judge, as appellant while dismissing bail application of accused did not incorporate details of antecedents of accused in prescribed tabular form as per directions of Para 9 of Jugal Kishore case - However, decision of said case cannot be..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Car accident - Damage to car - Car damaged due to accident and also short circuit following the accident - Appellant had a co-passanger at the time of accident and co-passenger needed immediate attention - He was rushed to hospital leaving the car in ditch which caught fire due to short circuit - Appellant was..........
Criminal Procedure Code, 1973, Section 439(1A), Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A(3) -- Bail - Non-impleadment of victim - Offence u/ss 363, 376-DA, 323, 506, 392 IPC and Ss.5(g), 6 of POCSO Act and Ss.3(2), 5(A) of SC/ST Act - Victim not impleaded as party in the bail proceedings - There is thus, gross violation of..........
Consumer Protection Act, 1986, Section 23 -- Allotment of plot - Cancellation - Delay in depositing the amount - National Commission without considering any ground raised by appellant has directed appellant to receive and accept amount from respondent along with interest and handover possession of plot in question - It was respondent who committed default in depositing..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Summoning of accused - Magistrate without recording any prima facie satisfaction regarding truthness of incident has summoned petitioners - No evidence of complainant and his witnesses were discussed in the impugned order of summoning - Even no reason has been assigned - Impugned order of summoning passed..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(14)(v) -- Child in need of care and protection - Petition filed by husband - Wife already filed a petition for custody of child before Family Court - Husband during pendency of said proceedings parallely filed petition before Child Welfare Committee - Family Court has concurrent jurisdiction with Child..........
