Criminal Procedure Code, 1973, Section 73 -- Non-bailable warrant - Non co-operation in investigation and not answering the questions put by I.O. appropriately - Not a ground per se for issuance of non bailable warrants as every accused is entitled to right to silence to prevent self incrimination in terms of Art. 20(3) of Constitution of India - Order issuing non bailable..........
Service -- Appointment - Post of Nurses (ANM and HS) - Eligibility criteria - Advertisement issued by Uttarakhand Government inviting applications for appointment of trained ANMs in terms of prevailing rules - However, appointment did not spell out that candidates ought to have finished their schooling with science as a subject - Omission to mention relevant..........
Service -- Appointment - Post of Nurses (ANM and HS) - Claim of batch wise seniority - Post of Health worker/ANM is to be filled by direct recruitment - Mode of selection does not eliminate requirement of rule prescribing essential qualifications, nor does it relieve any candidate from obligation to apply for post and face scrutiny of committee of candidature - Since..........
Limitation Act, 1963, Article 54 -- Limitation - Suit for specific performance - Period of 15 months was fixed after paying substantial sale consideration for completing contract dated 30.1.2014 - However, there is no express terms of contract or impliedly intention of parties to indicate that time of 15 months is essence of contract - Plaintiff was always ready and..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter voluntarily settled between parties - Entire amount as per settlement has been received by complainant - Offence u/s 138 of the Act being one which is compoundable in any case in terms of S.147 of the Act, even though accused has been convicted - Offence compounded -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 417, 406, 468, 500 -- Anticipatory bail - Cheating - Allegation that accused dishonestly induced complainant to deliver huge sums of money running into crores of rupees making him believe that he would be made a partner in business venture started by accused - What exactly the transaction and..........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61, 1, 14 -- Anticipatory bail - Recovery of illicit liquor - Non-joining of independent witness in terms of S.100 Cr.P.C - No other case under Punjab Excise Act is pending against petitioner except two cases under IPC - Anticipatory bail granted with conditions...........
Insolvency and Bankruptcy Code, 2016, Section 7, 33 -- Corporate Insolvency Resolution process - Liquidation of Corporate debtor - Appellant despite passage of almost five months has not been able to deposit an amount of Rs.50 crores in terms of understanding arrived at with CoC - Appellants thus, failed to abide by its obligations - Time is a crucial facet of scheme under..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 406, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of charge sheet - Cruelty - Demand of dowry - Parties have moved on in life and got married subsequent to decree of divorce - No useful purpose would be served in pursuing criminal prosecution any further - In terms of agreement..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 20 -- Juvenile - Murder - Incident occurred in 1998 when JJ Act, 1986 was in force - Accused was more than 16 years of age on the day of incident and therefore was not a juvenile under 1986 Act - But accused was less than 18 years of age on the day of incident - Benefit of 2000 Act therefore, given to..........
