Industrial Disputes Act, 1947, Section 25F -- Back wages - Termination - Reinstatement - No rule of thumb that in every case where Tribunal/Labour Court gives a finding that termination of service was in violation of S.25-F of the Act, entire back wages should be awarded - Factors to be considered are: Manner and method of selection and appointment i.e. whether after..........
Criminal Procedure Code, 1973, Section 362, 438 -- Review -Orders passed by Special Judge rejecting the application for temporary bail u/S.438 Cr.P.C. and application u/S.167 Cr.P.C. - Review of order by filing another application u/S.167(2) held not permissible...........
Hindu Marriage Act, 1955, Section 1(2) -- Applicability of the Act - Domicile of India is a condition precedent for invoking the provisions of Hindu Marriage Act - Principles governing domicile are: (a) Domicile of origin i.e. by birth and domicile of choice i.e. residing in a country other than that of his domicile of origin with intention of continuing to reside there..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Jurisdiction - Clause in agreement viz. 'Court of Bombay and no other Court' - Plea of not consciously agreeing to the exclusion of jurisdiction of Courts other than Bombay - Until a clear finding is recorded that Court has territorial jurisdiction to try the suit, no injunction can be granted in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Joint property - Construction of - Temporary injunction - Restraining transfer/alienation of joint property - Grant of - Property in question was purchased by members of joint family - Purchasers mutated their names separately in Municipality - Prima facie property would be presumed to be separately owned by parties -..........
Industrial Disputes Act, 1947, Section 25F -- Ticca Mazdoors - Status of - Ticca Mazdoors cannot be regarded as regular mazdoors - Service of Ticca Mazdoors being not permanent in nature can be dispensed with subject to compliance of the statutory or contractual requirements, if any - Their status is not higher than that of a temporary workman or a probationer...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Indian Penal Code, 1860, Section 65, 66 -- Reduction in sentence - Recovery of huge quantity of brown sugar from Bangladeshi national while staying for a temporary period in a Calcutta hotel - Accused sentenced to suffer 10 years RI and also to pay fine of Rs.1,00,000 and in default to pay fine RI for two..........
Tubewell connection -- Deficiency in service - Compensation - Temporary tubewell connection not regularized on the ground that it was not permissible in view of Commercial Circular No.70/2001 for the distance more than 500 metres - Initial application for Regularisation entertained and even priority number given after the XEN concerned visited the spot - Cannot direct the..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction regarding interference in possession sought for - Agreement for sale in favour of plaintiff - Earnest money paid - Balance money not paid - Property sold to third person - Plaintiff held not to be in possession by lower court - Finding proper - Injunction cannot be granted...........
Monopolies and Restrictive Trade Practices Act, 1969, Section 12A, 36A - - Temporary mandatory injunction - Application filed by the appellant seeking stay of demand of extra charges and to restrain the respondent from cancelling the allotment of apartments for no, payment of the extra amount demanded rejected by the Commission - No offer made before the Commission nor in..........
