Service -- Voluntary retirement - Once it is held that employee is voluntary retired as per his application and rejection of application for voluntary retirement is bad in law, all other subsequent proceedings of departmental enquiry will be null and void and shall be non est, as after voluntary retirement, there shall not be an employer-employee relationship...........
Criminal Procedure Code, 1973, Section 173(8) -- Supplementary charge sheet - Charge sheet was initially filed against co-accused and subsequent charge sheets have been filed against petitioners and other co-accused - Filing of supplementary charge sheets by police leads to delay in trial as clubbing of such supplementary charge sheets with main charge sheet filed earlier..........
Criminal Procedure Code, 1973, Section 439(2), 389 -- Cancellation of bail granted during pendency of appeal - Accused involved in three subsequent criminal cases of serious nature while he was on bail - There is serious violation of condition imposed upon accused - Bail cancelled...........
Service -- Power to grant extension in service - Subsequent ratification - Once order of extension is itself beyond enabling powers, then subsequent ratification, if at all comes through, would not result in curing inherent defect...........
Motor Vehicles Act, 1988, Section 166 -- Accident - Compensation - Subsequent death of dependent of deceased not a reason for reduction of motor accident compensation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can not be rejected on ground of subsequent event having taken place...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once an application u/s 167(2) Cr.P.C. is filed after expiry of stipulated time limit, it is duty of Court to release him on bail forthwith without any unnecessary delay - Filing of a charge sheet subsequent to expiry of stipulated time limit for investigation would not defeat right of accused to default bail...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea that due to oversight and mistake some important facts not included in written statement - Amendment declined as (i) amendment sought is not only belated but also not bona fide; (ii) in case amendment is allowed the same would change nature and character of defence taken by defendant;..........
Hindu Marriage Act, 1955, Section 21A -- Transfer of divorce petition - Applicability of S.21-A of Hindu Marriage Act - Husband first in point of time, filed petition for divorce and hence his case may fit into S.21-A(1)(a) of the Act - However, wife later in point of time filed only a petition u/s 9 of Hindu Marriage Act and not a petition either u/s 10 or u/s 13 of Hindu..........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 24, 25, Special Marriage Act, 1954, Section 36, 37, Hindu Adoptions and Maintenance Act, 1956, Section 18, 22, 23, 3(b), Protection of Women From Domestic Violence Act, 2005, Section 20 -- Maintenance - Overlapping jurisdiction under different Acts - If maintenance is awarded to wife in a..........
